ITIN - please help

[SierraTenTango 37]

Hello, quick question. Can my husband file for ITIN for me?

 

He would like to file taxes with me (so we can get more evidence of bona fide marriage) on it but I do not have SSN or ITIN. I am living abroad as of now. 

I found this topic: CLICK  but it does not say exactly who should file and sign it...

I also found this one: CLICK

And found the W-7 form but do I have to sign it or can my husband do all of this for me?

Can anybody help?

 

Other links with info I found:

First

Second

Third

[Crazy Cat 41,888]

Option 1: He can file "married filing separately" .  He would list you as spouse, and in the Social Security Number field, he can hand-write "NRA".....That means "nonresident alien".......But he will not be allowed to claim you as a dependent if you have no SSN or ITN.

That is one option....and it's the option I used for tax years 2015 and 2016.

 

Option  2: You two can file and submit an application for ITN.......but I'm not an expert on the process.

[GreatDane 366]

I agree with the above. Also, you don't need to worry about ITIN. Once your permit is approved, you can apply for a SSN. I don't think you can submit tax documents before January and he won't be able to take the deduction for you while filing taxes. Make sure to report both of your global incomes, not just in the US.

Edited October 26, 2017 by GreatDane

[Jeanne Adil 1,651]

NO  he files a W7 with marriage ceritficate and the beneficary birth certificate

then IRS issues the ITIN (only time the USC can do this is at tax return time when filing taxes

the beauty of this is the ITIN then allows the USC to add benefiary to a bank account (if the bene gives the USC a POA) thus showing joint assests

 

Reason i say this as this allows u to filing married joint return (less tax)

https://www.irs.gov/forms-pubs/about-form-w7

[SierraTenTango 37]

12 hours ago, missileman said:

Option 1: He can file "married filing separately" .  He would list you as spouse, and in the Social Security Number field, he can hand-write "NRA".....That means "nonresident alien".......But he will not be allowed to claim you as a dependent if you have no SSN or ITN.

That is one option....and it's the option I used for tax years 2015 and 2016.

 

Option  2: You two can file and submit an application for ITN.......but I'm not an expert on the process.

We don't really look for any benefits, it is solely for immigration if they would find what we have right now insufficient to prove bona fide marriage. 

 

Thank you for your reply!

[SierraTenTango 37]

12 hours ago, GreatDane said:

I agree with the above. Also, you don't need to worry about ITIN. Once your permit is approved, you can apply for a SSN. I don't think you can submit tax documents before January and he won't be able to take the deduction for you while filing taxes. Make sure to report both of your global incomes, not just in the US.

1

Yes, I know I can file for SSN but we look for more proof for immigration for bona fide marriage. And that is true we have to wait till the new year to submit those tax returns but that is OK. Thank you for the tips!

 

12 hours ago, adil-rafa said:

NO  he files a W7 with marriage ceritficate and the beneficary birth certificate

then IRS issues the ITIN (only time the USC can do this is at tax return time when filing taxes

the beauty of this is the ITIN then allows the USC to add benefiary to a bank account (if the bene gives the USC a POA) thus showing joint assests

 

Reason i say this as this allows u to filing married joint return (less tax)

https://www.irs.gov/forms-pubs/about-form-w7

 

So I have to be the one to sign W-7? Do I understand you correctly? And that would actually be OK since I can fill it and just send it to him through the mail, there is still time to do that. Thank you for your reply!

[Italian_in_NYC 259]

Please remember that if you fly jointly you have to make the election to have the NRA treated as a US person for tax purposes.

The NRA spouse has to report all his/her worldwide income (including financial income from stocks, bonds - beware of PFICs), file FBAR (if needed) and possibly other information forms (5471, 8858, 8865, 926, 8938, ecc).

Also, they became REALLY strict in accepting and approving W-7s and related documentation, so make sure you follow the guidelines (especially for passport authentication).

Then you can paper-file the return and attach the W-7 and the related supporting docs (I believe it goes to the Austin center).

 

Bottom line: it depends on the NRA situation. Having to file a 5471 (merely being a 10% shareholder in a foreign corp) will cost you at least $1,000/$1,500 more. It might not be worth it.

[sheydreams 0]

On 10/26/2017 at 2:04 PM, adil-rafa said:

NO  he files a W7 with marriage ceritficate and the beneficary birth certificate

then IRS issues the ITIN (only time the USC can do this is at tax return time when filing taxes

the beauty of this is the ITIN then allows the USC to add benefiary to a bank account (if the bene gives the USC a POA) thus showing joint assests

 

Reason i say this as this allows u to filing married joint return (less tax)

https://www.irs.gov/forms-pubs/about-form-w7

Did you mail in your original Marriage Certificate? It makes me so nervous to do that.

[SierraTenTango 37]

19 hours ago, sheydreams said:

Did you mail in your original Marriage Certificate? It makes me so nervous to do that.

We decided to send married filing separately. But sending original marriage certificate shouldn't be a problem. Getting a new one is just a couple of bucks.

[Jeanne Adil 1,651]

my local IRS office saw my original marriage and his birth certificate,  copied them and signed to say he had seen it

and that is what i mailed in

it helped to get him his ITIN and on my bank account and then the deed to the house

my response to the appeal said to show commingling of finances / something most do not have to do until the person is in the US