Ack! Don't have an ITIN for NRA husband - help!

[I love my Canuck 2]

Hi guys:

Serves me right for never using a tax preparer, but I just realized that I overlooked an important piece of post-marriage paperwork by not having my husband file for an ITIN. I'm working on my own taxes this weekend and realized I need an ITIN for him to put on my own return. What do I do? I see the form and I also see reference to a 6-week wait. Taxes are due in three weeks!

I will be filing married, separately. My husband has no US-based income and will not be filing a return.

I have at least two questions --

First, if I accompanied my return with an explanation that my spouse doesn't yet have an ITIN but we've applied for one, do you think that would be okay??

Second, how should my husband send in the application since he doesn't have a return to attach it to, which is what they reference in the application instructions.

Ugh, I hate this stuff!!!

Edited March 24, 2013 by I love my Canuck

[dwheels76 5,468]

Hi guys:

Serves me right for never using a tax preparer, but I just realized that I overlooked an important piece of post-marriage paperwork by not having my husband file for an ITIN. I'm working on my own taxes this weekend and realized I need an ITIN for him to put on my own return. What do I do? I see the form and I also see reference to a 6-week wait. Taxes are due in three weeks!

I will be filing married, separately. My husband has no US-based income and will not be filing a return.

I have at least two questions --

First, if I accompanied my return with an explanation that my spouse doesn't yet have an ITIN but we've applied for one, do you think that would be okay??

Second, how should my husband send in the application since he doesn't have a return to attach it to, which is what they reference in the application instructions.

Ugh, I hate this stuff!!!

Relax. Married filing separate you don't need SS# or ITIN. You just write NRA in the SS# space. You will have to print it out you can't e-file I'm afraid.

No explanation is required. You qualify so no issues there.

[I love my Canuck 2]

Relax. Married filing separate you don't need SS# or ITIN. You just write NRA in the SS# space. You will have to print it out you can't e-file I'm afraid.

No explanation is required. You qualify so no issues there.

Really? That simple??

The W7 instructions say anyone who is a spouse of a US citizen who is claiming that NRA as an exemption must have an ITIN (Under "Reasons for applying," letter "e".

http://www.irs.gov/pub/irs-pdf/iw7.pdf

So perhaps the trick here is not to claim him as an exemption and then no ITIN needed?

I bet I end up owing a bit more but perhaps it's worth it. Is that how you guys did it?

[dwheels76 5,468]

Really? That simple??

The W7 instructions say anyone who is a spouse of a US citizen who is claiming that NRA as an exemption must have an ITIN (Under "Reasons for applying," letter "e".

http://www.irs.gov/pub/irs-pdf/iw7.pdf

So perhaps the trick here is not to claim him as an exemption and then no ITIN needed?

I bet I end up owing a bit more but perhaps it's worth it. Is that how you guys did it?

Correct and probably owe.

Me filing MFS - I owe $1345

Me filing MFJ - I get $345

Yikes. But the tax return come in both your names and looks so cool and one more piece of co-mingling evidence. I will amend the tax return when he gets here. So much easier.

[I love my Canuck 2]

Thanks for being patient with this tax dummy, but how does one amend the tax form when the spouse arrives, and what is the purpose of that? I'll probably give the IRS a call tomorrow and ask about the ITIN just in case there's an "easy answer" (yeah, right!!). If there is, I'll definitely share that here. Otherwise, I guess I end up owing money. Sigh.

[dwheels76 5,468]

Thanks for being patient with this tax dummy, but how does one amend the tax form when the spouse arrives, and what is the purpose of that? I'll probably give the IRS a call tomorrow and ask about the ITIN just in case there's an "easy answer" (yeah, right!!). If there is, I'll definitely share that here. Otherwise, I guess I end up owing money. Sigh.

No problem. You will find many people have amended its the 1040X. And you amen like in my case I will owe. When hubby gets here fill out form now they owe me.

One person posted a few weeks ago he amended the last 5 years and got back over $15,000. Thats why because obviously to do joint you get that extra body exemption.

You can call IRS but you will probably confused them. cuz husband isn't here and many as well as tax preparers just aren't up on things.

I would suggest using Taxact or Turbo tax you just have to print out and mail instead of e-file and mail in. It's really that easy.

If filing for the ITIN that will be attached your your tax form with the W7 all together. He needs his notarized passport as ID. There's a long list of what they will accept.

Many here have got those ITIN also.

[I love my Canuck 2]

I think I'm getting this now. Will you let me know if this is all correct?

For a moment, don't even worry about the immigration detail -- Even if married filing separately, a person may claim a spouse as an exemption (is that correct?)

To claim a spouse as an exemption, if filing separately, he must have an ITIN. There's no downside of getting an ITIN but there's a strong chance in my case, that my husband wouldn't get his in time for me to file timely. Having an ITIN would allow me to claim him as an exemption and get money back (vs. owe).

In absence of the ITIN, I'll need to file married, filing separately, and enter "NRA" in the ITN/SSN box. I'll likely owe money b/c I will only be able to claim myself as an exemption. However, once he arrives in the country, I can retroactively amend my filings from each tax year we were married but I couldn't claim him.

In order to apply for an ITIN, my husband must sign the W7 and I would attach it to this year's return along with a notarized copy of his passport (a Xerox of every page of his passport, I assume?)

Thanks again -- you're being such a help to me!

[I love my Canuck 2]

No problem. You will find many people have amended its the 1040X. And you amen like in my case I will owe. When hubby gets here fill out form now they owe me.

One person posted a few weeks ago he amended the last 5 years and got back over $15,000. Thats why because obviously to do joint you get that extra body exemption.

You can call IRS but you will probably confused them. cuz husband isn't here and many as well as tax preparers just aren't up on things.

I would suggest using Taxact or Turbo tax you just have to print out and mail instead of e-file and mail in. It's really that easy.

If filing for the ITIN that will be attached your your tax form with the W7 all together. He needs his notarized passport as ID. There's a long list of what they will accept.

Many here have got those ITIN also.

I think I'm getting this now. Will you let me know if this is all correct?

For a moment, don't even worry about the immigration detail -- Even if married filing separately, a person may claim a spouse as an exemption (is that correct?)

To claim a spouse as an exemption, if filing separately, he must have an ITIN. There's no downside of getting an ITIN but there's a strong chance in my case, that my husband wouldn't get his in time for me to file timely. Having an ITIN would allow me to claim him as an exemption and get money back (vs. owe).

In absence of the ITIN, I'll need to file married, filing separately, and enter "NRA" in the ITN/SSN box. I'll likely owe money b/c I will only be able to claim myself as an exemption. However, once he arrives in the country, I can retroactively amend my filings from each tax year we were married but I couldn't claim him.

In order to apply for an ITIN, my husband must sign the W7 and I would attach it to this year's return along with a notarized copy of his passport (a Xerox of every page of his passport, I assume?)

Thanks again -- you're being such a help to me!

[dwheels76 5,468]

I think I'm getting this now. Will you let me know if this is all correct?

For a moment, don't even worry about the immigration detail -- Even if married filing separately, a person may claim a spouse as an exemption (is that correct?)

To claim a spouse as an exemption, if filing separately, he must have an ITIN. There's no downside of getting an ITIN but there's a strong chance in my case, that my husband wouldn't get his in time for me to file timely. Having an ITIN would allow me to claim him as an exemption and get money back (vs. owe).

In absence of the ITIN, I'll need to file married, filing separately, and enter "NRA" in the ITN/SSN box. I'll likely owe money b/c I will only be able to claim myself as an exemption. However, once he arrives in the country, I can retroactively amend my filings from each tax year we were married but I couldn't claim him.

In order to apply for an ITIN, my husband must sign the W7 and I would attach it to this year's return along with a notarized copy of his passport (a Xerox of every page of his passport, I assume?)

Thanks again -- you're being such a help to me!

Look at you. Way to go .

Now here is a good thing if you were trying to get this all in before you have to do the Affidavit of Support at NVC. You only need to supply them with your tax forms, W2 and other schedules (basically everything you sent to IRS). By the time of interview you would probably be processed and you could order a tax transcript. But filing your taxes is your only requirement.

And the years you were married you so can use him as an exemption because you will be doing jointly. So more than likely more money for you. You do list his income from abroad and there are threads around talking about that. No he pays no taxes but you show his wags also. Thus the jointly business.

look here in the NVC filers thread alot of tax talk there and also the advance search should bring up some stuff.

http://www.visajourney.com/forums/topic/417050-nvc-filers-march-2013/

[hikergirl 277]

I think I'm getting this now. Will you let me know if this is all correct?

For a moment, don't even worry about the immigration detail -- Even if married filing separately, a person may claim a spouse as an exemption (is that correct?)

To claim a spouse as an exemption, if filing separately, he must have an ITIN. There's no downside of getting an ITIN but there's a strong chance in my case, that my husband wouldn't get his in time for me to file timely. Having an ITIN would allow me to claim him as an exemption and get money back (vs. owe).

In absence of the ITIN, I'll need to file married, filing separately, and enter "NRA" in the ITN/SSN box. I'll likely owe money b/c I will only be able to claim myself as an exemption. However, once he arrives in the country, I can retroactively amend my filings from each tax year we were married but I couldn't claim him.

In order to apply for an ITIN, my husband must sign the W7 and I would attach it to this year's return along with a notarized copy of his passport (a Xerox of every page of his passport, I assume?)

Thanks again -- you're being such a help to me!

http://www.irs.gov/pub/irs-pdf/iw7.pdf

They changed the supporting documents requirements this summer. You have to send in the original or a copy certified by the issuer.

If you are sending in something other than the original valid passport then you must have two documents, one supporting foreign status and one supporting Identity.

I tried a notarized copy of my passport this summer and got an Notice of intent to Reject.

[dwheels76 5,468]

http://www.irs.gov/pub/irs-pdf/iw7.pdf

They changed the supporting documents requirements this summer. You have to send in the original or a copy certified by the issuer.

If you are sending in something other than the original valid passport then you must have two documents, one supporting foreign status and one supporting Identity.

I tried a notarized copy of my passport this summer and got an Notice of intent to Reject.

Thank you hikergirl. I know a friend of mine from Egypt just sent he his wife's passport. Than was freaking as it got close to interview time but it all worked out.

[I love my Canuck 2]

http://www.irs.gov/pub/irs-pdf/iw7.pdf

They changed the supporting documents requirements this summer. You have to send in the original or a copy certified by the issuer.

If you are sending in something other than the original valid passport then you must have two documents, one supporting foreign status and one supporting Identity.

I tried a notarized copy of my passport this summer and got an Notice of intent to Reject.

Wow, thanks for flagging that or I may have done the same.