MFS without ITIN

[MarcieYG 6]

Hello,

 

Due to the income tax filing extension I am filing my 2019 taxes this week.  My husband is not in the US.  We are in the NVC stage right now.  My accountant said that since he is not in the US we cannot get an ITIN or SSN yet.  Has anyone filed Married Filing Separately without an ITIN for their foreign spouse?  Accountant said he needs to have one.  I thought I read in other threads I could leave that blank and provide a letter of explanation why there is no ITIN or SSN.  Much appreciated!!

 

[carmel34 3,633]

Yes you can file as married separately without an ITIN, just write "NRA" for non-resident alien.  ITIN or SSN are only needed for married filing jointly.  You can file as married jointly but you would need to include either SSN for your alien spouse or a completed W-7 and the 1040 would have to be sent via paper which is taking a very long time right now because of the virus and backlog.  I suggest you file as married separately and do it electronically as digital returns are being processed, so faster to get your refund if any.  You can always file an amended return for 2019 later as married jointly after your spouse enters the US and gets an SSN to get an additional refund if applicable.  More good advice and posts are on the finances and tax area of VJ.  Good luck!

[Crazy Cat 41,886]

1 hour ago, MarcieYG said:

Hello,

 

Due to the income tax filing extension I am filing my 2019 taxes this week.  My husband is not in the US.  We are in the NVC stage right now.  My accountant said that since he is not in the US we cannot get an ITIN or SSN yet.  Has anyone filed Married Filing Separately without an ITIN for their foreign spouse?  Accountant said he needs to have one.  I thought I read in other threads I could leave that blank and provide a letter of explanation why there is no ITIN or SSN.  Much appreciated!!

 

I filed Married-Filing Separately in 2015 and 2016..........You must hand-write "NRA" in the spouse SSN box, then mail the return to the IRS.......

Edited June 24, 2020 by Lucky Cat

[MarcieYG 6]

42 minutes ago, carmel34 said:

Yes you can file as married separately without an ITIN, just write "NRA" for non-resident alien.  ITIN or SSN are only needed for married filing jointly.  You can file as married jointly but you would need to include either SSN for your alien spouse or a completed W-7 and the 1040 would have to be sent via paper which is taking a very long time right now because of the virus and backlog.  I suggest you file as married separately and do it electronically as digital returns are being processed, so faster to get your refund if any.  You can always file an amended return for 2019 later as married jointly after your spouse enters the US and gets an SSN to get an additional refund if applicable.  More good advice and posts are on the finances and tax area of VJ.  Good luck!

How/where did you file it electronically using NRA?  Will turbotax allow it?

[arken 4,197]

3 minutes ago, MarcieYG said:

How/where did you file it electronically using NRA?  Will turbotax allow it?

You need to mail the hard copies.

[geowrian 22,337]

21 minutes ago, MarcieYG said:

How/where did you file it electronically using NRA?  Will turbotax allow it?

No, TurboTax will not let you file electronically with an NRA spouse. You would need to print and file by mail.

 

Technically, electronic filing with an NRA spouse is possible, but only via certain commercial tax preparers (none of the ones with software you can download or use online).

[Wuozopo 4,293]

11 hours ago, MarcieYG said:

How/where did you file it electronically using NRA?  Will turbotax allow it?

No. Mail in a paper return. You don’t have to add an explanation. 

 

12 hours ago, MarcieYG said:

My accountant said that since he is not in the US we cannot get an ITIN or SSN yet.

You actually can get an itin for a spouse who has never even been in the US and even file a joint return.  BUT it is a hassle of a procedure and you don’t have enough time to jump through all the hoops before July 15, especially with pandemic office closures.

Edited June 25, 2020 by Wuozopo

[Tesco 70]

TaxAct has something like, my spouse is a non resident alien and has no SSN/ITIN. You can file electronically then. 

[geowrian 22,337]

7 hours ago, Tesco said:

TaxAct has something like, my spouse is a non resident alien and has no SSN/ITIN. You can file electronically then. 

Looks like TaxAct lets you mark an option, attach the election letter as a pdf, and file it:

https://www.taxact.com/support/16711/2018/filing-status-mfj-spouse-of-nonresident-alien-dual-status-alien-treated-as-resident

Edited June 26, 2020 by geowrian

[FarmFresh 0]

On 6/26/2020 at 1:35 AM, geowrian said:

Looks like TaxAct lets you mark an option, attach the election letter as a pdf, and file it:

https://www.taxact.com/support/16711/2018/filing-status-mfj-spouse-of-nonresident-alien-dual-status-alien-treated-as-resident

Wow thanks for this.

I've heard that H&R Block have that option, but when I tried it, it wouldn't let me through.

This actually worked for me. Here's hoping that it'll go through without a hitch!

[txdoc 35]

Sorry for thread jacking, but when MFS with one spouse NRA with no SSN/ITIN, do you have to include their foreign income?

[Wuozopo 4,293]

10 hours ago, txdoc said:

Sorry for thread jacking, but when MFS with one spouse NRA with no SSN/ITIN, do you have to include their foreign income?

No. They aren’t filing when you are Married Filing Separately.  

[txdoc 35]

3 hours ago, Wuozopo said:

No. They aren’t filing when you are Married Filing Separately.  

Thank you. I see you're in Texas as well so I thought i'd ask, community property income wouldn't apply either, correct?

[Wuozopo 4,293]

52 minutes ago, txdoc said:

Thank you. I see you're in Texas as well so I thought i'd ask, community property income wouldn't apply either, correct?

I have read the community property stuff and it is a bit vague. There are exceptions when the spouses have lived apart all year. I think in reality they want to make sure somebody pays any taxable items. Like if you had a  spouse In Texas and only reported half your earnings on a MFS return because they are community property and she didn’t have a job so didn’t file at all. Well that is some tax money skipped. So they made up a bunch of confusing rules to make sure all taxes get paid. It gets very detailed. That is my unprofessional interpretation. And if it was me, I would file reporting my income, not hers,  and not worry about it. The bottom line is taxes are getting paid on your full income and nobody is stiffing the IRS.

Edited June 29, 2020 by Wuozopo

[txdoc 35]

1 hour ago, Wuozopo said:

I have read the community property stuff and it is a bit vague. There are exceptions when the spouses have lived apart all year. I think in reality they want to make sure somebody pays any taxable items. Like if you had a  spouse In Texas and only reported half your earnings on a MFS return because they are community property and she didn’t have a job so didn’t file at all. Well that is some tax money skipped. So they made up a bunch of confusing rules to make sure all taxes get paid. It gets very detailed. That is my unprofessional interpretation. And if it was me, I would file reporting my income, not hers,  and not worry about it. The bottom line is taxes are getting paid on your full income and nobody is stiffing the IRS.

Thanks for the response, and I agree. from all what I've read, it seems to be the same case.