2011 Tax Return Questions

[max+patricia 24]

What then should one put in the field for SSN/ITIN if they are applying for an ITIN with this tax return? I am getting my taxes together and plan on going "married filing jointly". I called the IRS tonight and after being on hold for 30 minutes the rep came back with "our system just went down". Great. She acknowledged the instructions didn't give much clarification for what to put in the field with this scenario. Makes me just as confused with what to include for the SSN/ITIN field for my state return. Anyone?

Edited February 3, 2012 by m+p

[soteropolitana 4]

There's quite the confusion here...

1) If you have a SSN or ITIN for your spouse you should use it and either file married/joint or married/separately.

2) If you don't have a SSN for your spouse yet, you can apply for an ITIN using form W-7.

3) If you don't have a SSN or ITIN for your spouse and don't plan on getting one by the deadline, you can only file MARRIED FILING SEPARATELY. If you are married (in this country or any other you cannot file single - well you "can" but it can cause you more headaches in the future). When Married filing separately you can use NRA on the tax form BUT you will not be able to claim the exemption for your spouse - i.e. you probably won't get much back. Most of the online tax forms (TurboTax etc.) won't let you e-file without a SSN/ITIN so you have to mail the form in. However, as long as you file by the deadline you can amend your taxes anytime within the next 3 years, once you have a SSN or ITIN, and change to Married Filing Jointly (and get your money back!).

Just to clarify, you can file without the SSN/ITIN by mailing in, but you should not file Single.

Edited February 3, 2012 by soteropolitana

[JlovesL 0]

There's quite the confusion here...

1) If you have a SSN or ITIN for your spouse you should use it and either file married/joint or married/separately.

2) If you don't have a SSN for your spouse yet, you can apply for an ITIN using form W-7.

3) If you don't have a SSN or ITIN for your spouse and don't plan on getting one by the deadline, you can only file MARRIED FILING SEPARATELY. If you are married (in this country or any other you cannot file single - well you "can" but it can cause you more headaches in the future). When Married filing separately you can use NRA on the tax form BUT you will not be able to claim the exemption for your spouse - i.e. you probably won't get much back. Most of the online tax forms (TurboTax etc.) won't let you e-file without a SSN/ITIN so you have to mail the form in. However, as long as you file by the deadline you can amend your taxes anytime within the next 3 years, once you have a SSN or ITIN, and change to Married Filing Jointly (and get your money back!).

Just to clarify, you can file without the SSN/ITIN by mailing in, but you should not file Single.

alright thanks for explaining this to me. i do not really care about how much i get back because

it isn't a lot anyways. so i should file MARRIED FILING SEPARATELY and put NRA in place of the SSN right?

if i do this can i efile? or does it have to be mailed in?

[VisaJourney2011 14]

I'm looking into "Married, filing jointly". Can you please verify that my steps are correct?

1) So looks like i need to file W7 first? to get ITN# for my wife?

2) After I get the ITN# for beneficiary, only then i file the tax? "Married, filing jointly"

3) When i file the tax, I also need to mail the "Notorized copy of beneficiary's Passport"?

4) Finally, since the beneficiary was not employed in 2011, i don't need to send any paystubs of the beneficiary (since there is none)

Am I understanding this correct?

Thank you guys !

There's quite the confusion here...

1) If you have a SSN or ITIN for your spouse you should use it and either file married/joint or married/separately.

2) If you don't have a SSN for your spouse yet, you can apply for an ITIN using form W-7.

3) If you don't have a SSN or ITIN for your spouse and don't plan on getting one by the deadline, you can only file MARRIED FILING SEPARATELY. If you are married (in this country or any other you cannot file single - well you "can" but it can cause you more headaches in the future). When Married filing separately you can use NRA on the tax form BUT you will not be able to claim the exemption for your spouse - i.e. you probably won't get much back. Most of the online tax forms (TurboTax etc.) won't let you e-file without a SSN/ITIN so you have to mail the form in. However, as long as you file by the deadline you can amend your taxes anytime within the next 3 years, once you have a SSN or ITIN, and change to Married Filing Jointly (and get your money back!).

Just to clarify, you can file without the SSN/ITIN by mailing in, but you should not file Single.

Edited February 3, 2012 by VisaJourney2011

[Darnell 8,479]

form w-7, id for form w-7, and the 1040 plus forms/schedules

all go via postal mail to the special w-7/itin address in austin, tx

[VisaJourney2011 14]

form w-7, id for form w-7, and the 1040 plus forms/schedules

all go via postal mail to the special w-7/itin address in austin, tx

So let me understand this

1) Fill out the form W7 for the beneficiary

2) ID for form w7 = notirized passport of the beneficiary?

3) filled out 1040

4) plus forms? do you mean "W2 from USCitizen"?

5) schedules? what do you mean by this?

Thanks a bunch !

[max+patricia 24]

I was able to get some clarification about this tonight from the IRS. I understood what to send, where, etc - but how it'd actually get processed wasn't clearly written anywhere. According to the IRS agent I spoke with, if you're "married filing jointly" you will mail everything (as said on here many times) with the required documentation to the ITIN department in Austin, TX. They will process your ITIN application and then process your actual return. This is the part I was confused about - because NO WHERE does it say what to put in the SSN/ITIN field if you are applying for an ITIN with the return. You cannot write NRA - this is only acceptable if "married filing separately". If you're doing "married filing jointly" you MUST leave the SSN/ITIN field blank. The ITIN department will fill in your ITIN number on the return before they send it for normal processing.

How this impacts your state return is up to your state. The phone reps for my state's tax commission couldn't answer the question at all - they were even more clueless than the first people I spoke with at the IRS. I may just send my federal return, get that taken care of, get my wife's ITIN - and then file my state return later once I have the actual ITIN number.

[max+patricia 24]

So let me understand this

1) Fill out the form W7 for the beneficiary

2) ID for form w7 = notirized passport of the beneficiary?

3) filled out 1040

4) plus forms? do you mean "W2 from USCitizen"?

5) schedules? what do you mean by this?

Thanks a bunch !

Notarized copy of the non-resident alien's passport (or any other documentation listed on the W-7 instructions), your normal tax return (1040 or whatever you're filing), etc. You also MUST include a declaration from the non-resident alien stating that he/she wants to be treated as a taxpayer for the year, signed, dated - if this is the first year you've applied for one. Schedules are often any additional forms attached to your return (student loan interest, grants, etc) - which most tax software includes for you.

[VisaJourney2011 14]

thank you for clearing up the confusion about filing W7 and 1040 together and leaving beneficiary's SSN/ITN blank, Since the W7 is filing to get ITN# for the beneficiary.

Let us know how it goes. I'm going to try to get the beneficiary's send me below two papers:

1) Notorized foreign passport of the beneficiary

2) Beneficiary signed declaration stating "he/she wants to be treated as a taxpayer for the year, signed, dated "

Do you have a sample i can use as guide?

I was able to get some clarification about this tonight from the IRS. I understood what to send, where, etc - but how it'd actually get processed wasn't clearly written anywhere. According to the IRS agent I spoke with, if you're "married filing jointly" you will mail everything (as said on here many times) with the required documentation to the ITIN department in Austin, TX. They will process your ITIN application and then process your actual return. This is the part I was confused about - because NO WHERE does it say what to put in the SSN/ITIN field if you are applying for an ITIN with the return. You cannot write NRA - this is only acceptable if "married filing separately". If you're doing "married filing jointly" you MUST leave the SSN/ITIN field blank. The ITIN department will fill in your ITIN number on the return before they send it for normal processing.

How this impacts your state return is up to your state. The phone reps for my state's tax commission couldn't answer the question at all - they were even more clueless than the first people I spoke with at the IRS. I may just send my federal return, get that taken care of, get my wife's ITIN - and then file my state return later once I have the actual ITIN number.

Notarized copy of the non-resident alien's passport (or any other documentation listed on the W-7 instructions), your normal tax return (1040 or whatever you're filing), etc. You also MUST include a declaration from the non-resident alien stating that he/she wants to be treated as a taxpayer for the year, signed, dated - if this is the first year you've applied for one. Schedules are often any additional forms attached to your return (student loan interest, grants, etc) - which most tax software includes for you.

[tuvaty 3]

Writing NRA is acceptable if you are married filing seperately and you don't claim your spouse as an exemption. It's spelled out clearly in the 1040 instructions for 2011.

I wonder if you can file married filing separately (writing NRA on your spouse's SSN), and claim your spouse as an exemption. I think you can claim your spouse as an exemption, if these two apply:

1. Your spouse had not income and is not filing a return. < CHECK

2. Your spouse cannot be claimed as a dependent on another person's return. < CHECK

Page 14 on the IRS 1040 instructions says it: http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Has anyone done this before.

Edited February 6, 2012 by tuvaty

[Clark--Kent 4]

I wonder if you can file married filing separately (writing NRA on your spouse's SSN), and claim your spouse as an exemption. I think you can claim your spouse as an exemption, if these two apply:

1. Your spouse had not income and is not filing a return. < CHECK

2. Your spouse cannot be claimed as a dependent on another person's return. < CHECK

Page 14 on the IRS 1040 instructions says it: http://www.irs.gov/pub/irs-pdf/i1040gi.pdf

Has anyone done this before.

You can claim your spouse as an exemption ONLY if you have an ITIN or SS #.

If you want to skip all the notarizing of passports and write NRA then you CAN'T claim your spouse

All my income is foreign and excluded so another exemption changes nothing so that's how I file.

Edited February 6, 2012 by Clark--Kent

[VisaJourney2011 14]

You can claim your spouse as an exemption ONLY if you have an ITIN or SS #.

If you want to skip all the notarizing of passports and write NRA then you CAN'T claim your spouse

All my income is foreign and excluded so another exemption changes nothing so that's how I file.

Q's:

Finaling Married jointly.

So on the Final 1040 form, does both party have to sign the form (USC and Non Resident Alien residing outside US) ?

thank you !

[I AM NOT THAT GUY 5,715]

Q's:

Finaling Married jointly.

So on the Final 1040 form, does both party have to sign the form (USC and Non Resident Alien residing outside US) ?

thank you !

Yes. For paper filing, for joint filing, both spouses need to sign the 1040. The forms are available in pdf form. You can email the completed forms to your foreign spouse, have the spouse print and sign the pages requiring signatures, and either fax, scan and email, or snail mail the signed pages back to you.

Edited February 7, 2012 by ☼

[VisaJourney2011 14]

Yes. For paper filing, for joint filing, both spouses need to sign the 1040. The forms are available in pdf form. You can email the completed forms to your foreign spouse, have the spouse print and sign the pages requiring signatures, and either fax, scan and email, or snail mail the signed pages back to you.

Thanks ! still a bit confused :-(

I'm trying to file "Married filing jointly":

Q's:

1) What are W-7 requirements?

- Notorized passport, Declaration letter §6013(g)?

2) Does Non Resident Alien have to sign the 1040?

- Yes (you answered)

3) Does the Declaration letter for the NRA (Non Resident Alien) to be treated as us tax payer need this title on the top?

§6013(g) Election

4) is this a correct Declaration letter?

================================= Thank you !

§6013(g) Election

1. We declare that one spouse was a non-resident alien, and the other spouse a U.S. citizen, or lawful permanent resident (green card holder) on the last day of the tax year 200 , and we choose to be treated as U.S. residents for the entire year; and

2. Our names, addresses, and social security/ taxpayer identification numbers are as follows:

Name: _______________________________________________________________________

SS/TIN# _____________________________________________________________________

Name: _______________________________________________________________________

SS/TIN# _____________________________________________________________________

Address: ____________________________________________________________________

______________________________________________________________

______________________________________________________________

Signatures:

X __________________________________ Date: ________________________

X _________________________________ Date: ________________________

[Sri Batchu 0]

Hi Guys,

What about filing for an extension and when the spouse is in the country, apply for SSN and then file your taxes jointly. Does this work?

Please advise.

Thanks!