Amending MFS To MFJ Possibility

[mat_buky 3]

You might want to apply for ITIN if not available,if you wait on her to get her social then make ammendment it wont work cause social was issued after tax ending so ITIN will be required.had similiar experience had to go to irs office nearby me and have them do my ammendment it did work cause I didnt apply for ITIN that year and my docial wad issued after rhe tax year.

Goodluck

[MariaR323 199]

You might want to apply for ITIN if not available,if you wait on her to get her social then make ammendment it wont work cause social was issued after tax ending so ITIN will be required.had similiar experience had to go to irs office nearby me and have them do my ammendment it did work cause I didnt apply for ITIN that year and my docial wad issued after rhe tax year.

Goodluck

That is completely incorrect information for the OP here... and while maybe for you it was that way, it was probably based on other factors and circumstances that we don't know about.

I've prepared and filed PLENTY of amendments going back to amend an ITIN to swap out for a SSN. Not once has one been rejected for me to this day.

[Adil & Jeanne 296]

Filed for ITIN when i married and filed that year's taxes

Form is easy W 7

they need to see spouse original birth certificate and marriage documents

takes a while to get your tax return back when doing this but helps in interview for immigration

we did in 2010 and he finally came in 2015 so i used the ITIN for 5 years to do taxes

not really hard to do this

[MariaR323 199]

The W-7 form is easy to fill out, it's the obtaining the required identity documents that for some it's a bit of a hassle. In the OP's situation, if it truly is such a hassle and he'd rather not go that route - he can surely file MFS and amend later to MFJ once his wife has her SSN. For immigration purposes, the filing status is still that of a married person and it will still indicate on the return his wife's name.

Also, there's only certain documents that are acceptable to prove identity and foreign status and one of those documents must have a photograph. Only time a photograph is not required is in the case of applying for an ITIN for a dependent under the age of 18.

Marriage documents might have been acceptable in prior years but they've really revamped the whole ITIN process/procedure in the last couple years to clean up old, unused numbers and prevent fraud.

Edited March 19, 2016 by MariaR323

[ameribrazil 37]

@mat_bucky

Feel free to private message me and I can assist you with your filing. I am an Enrolled Agent ( we have a private practice and I am also an acceptance agent. But in the nut shell, you can't file MFS unless your spouse has an ITIN or SSN. When you file MFS, you have to provide your spouse's information on the return. If you marry a nonresident alient you can elect to file MFJ. But your spouse must have an SSN or ITIN. If your spouse does not have a SSN and is not eligible to receive a SSN, then you should apply for an ITIN for her. You can read more about this by going to the IRS website --> https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

You can always file an extension which will allow you to file until October 15th but just remember this doesn't give you an extension to pay if you owe a balance. You must pay your balance due (if you owe) by April 18(Normally by April 15).

Hope this helps.

Cheers!

[joemilli 1]

AmeriBrazil, I think you meant: you can't file MFJ unless you have an ITIN or SSN.

[MariaR323 199]

@mat_bucky

Feel free to private message me and I can assist you with your filing. I am an Enrolled Agent ( we have a private practice and I am also an acceptance agent. But in the nut shell, you can't file MFS unless your spouse has an ITIN or SSN. When you file MFS, you have to provide your spouse's information on the return. If you marry a nonresident alient you can elect to file MFJ. But your spouse must have an SSN or ITIN. If your spouse does not have a SSN and is not eligible to receive a SSN, then you should apply for an ITIN for her. You can read more about this by going to the IRS website --> https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

You can always file an extension which will allow you to file until October 15th but just remember this doesn't give you an extension to pay if you owe a balance. You must pay your balance due (if you owe) by April 18(Normally by April 15).

Hope this helps.

Cheers!

I sure hope you have a typo and you meant "you can't file MFJ unless your spouse has an ITIN or SSN."

You can absolutely file MFS without an ITIN or SSN.

[Rich and Wen 101]

Filing MFS will need an SSN or ITIN so the IRS can go look at the other return to prevent the other MFS from taking disallowed credits and deductions.

If she will have an SSN by October 15, you can get a 4 month extension, then another 2 month extension on the filing. Since you expect a refund, no need to pay any tax due.

Edited March 19, 2016 by Rich and Wen

[joemilli 1]

That is not correct! per IRS and many tax professionals. When filling MFS you only need to put "NRA" instead of the spouse's SSN.

Filing MFS will need an SSN or ITIN so the IRS can go look at the other return to prevent the other MFS from taking disallowed credits and deductions.

If she will have an SSN by October 15, you can get a 4 month extension, then another 2 month extension on the filing. Since you expect a refund, no need to pay any tax due.

[ameribrazil 37]

I sure hope you have a typo and you meant "you can't file MFJ unless your spouse has an ITIN or SSN."

You can absolutely file MFS without an ITIN or SSN.

@MariaR323

With all due respect, you cannot file MFS without an ITIN or SSN if your are FILING EFILE. All programs and online program will not allow you to file eFile without your spouse's ITIN/SSN for MFJ or MFS.

If however, you cannot get your spouse's ITIN/SSN, you can always file Paper Return. You cannot properly e-file your return without both SSN's.

The online program will not process a MFS return without the proper input for both spouses. You will need to download the program onto your desktop. The desktop program will allow you to print a return with the SSN field left blank, even though you will receive an error message before doing so. You must still hand-write "unknown" in all of the places on the return that require your spouse's SSN before mailing the return. You must also attach a statement to your return explaining why you have not provided your spouse's SSN.

Please consultant with a qualified accountant to get guidance on this.

AmeriBrazil, I think you meant: you can't file MFJ unless you have an ITIN or SSN.

Apologies - correct, you cannot file MFJ unless you have an ITIN/SSN.

[ameribrazil 37]

That is not correct! per IRS and many tax professionals. When filling MFS you only need to put "NRA" instead of the spouse's SSN.

OK - I think we just need some clarification:

For e-File:

-Both Taxpayer and Spouse must both have an ITIN/SSN

-If an ITIN/SSN is available, a person can either file MFS or MFJ

For Paper Return:

-Taxpayer who has an ITIN/SSN can file MFS

-Select this filing status by checking the box on line 3 of either form. Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse doesn't have

and isn't required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN. Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax (https://www.irs.gov/pub/irs-pdf/p17.pdf pg 24) BUT this must be filed via paper return.

[joemilli 1]

I don't think I have mentioned e-file anywhere.

You cannot e-file either one.

I know it has to be done on paper.