How do I file my taxes with a spouse who is not yet a resident at this time?

[Wuozopo 4,293]

17 hours ago, Chris Chen said:

Is there a way I can file it electronically? I've never filed by mail and don't know if I would miss something. I also have stocks that will make the filing  quite complicated.

 

Nice go Taiwan!

If you have to file by mail, you just use your software (like TurboTax) and get everything right except ignore all their warnings about SSN incomplete (blank). Go through all their final checks. Do not go to efile.  When all is resolved and complete except the one warning about SSN go to the print area. That’s where you will want to save the whole file for your records. After that, you can choose to print for filing. That prints out only the pages that go in the mail which will be considerably less pages than the big file for your records. To get the ITIN without the help of an acceptance agent or an IRS Taxpayer Assistance Center, you would have to send everything yourself to the Austin, Tx IRS location that processes ITINs and tax returns. That would include the signed paper tax return, the ITIN application (she signs), and her actual passport for ID, which they return. Most seek out to get that document copied and certified but you are having trouble finding an Acceptance agent or IRS Taxpayer Assistance that certifies.  As long as you postmark any paper filing by the deadline day, you have filed on time. 
 

Your better option now is filing for an extension but using your TurboTax calculations to know if you owe the IRS any money. If so pay that in so you have no penalties. Then when you get her SSN, you can efile the actual return. And remember to modify your return with any additional payments that you made to the IRS (if you made any when you filed the extension). 

Edited May 5, 2021 by Wuozopo

[seekingthetruth 1,246]

17 hours ago, Chris Chen said:

Is there a way I can file it electronically? I've never filed by mail and don't know if I would miss something. I also have stocks that will make the filing  quite complicated.

 

Nice go Taiwan!

 

17 hours ago, Chris Chen said:

Good to know that she can't go to the ITIN route now. I can file my tax 1. through software/online services like Turbotax or freetaxusa.com, but also 2. Apply for extension of the tax-filing(does that mean I won't be able to receive deduction afterwards?). In the mean time, my wife would still need to apply for SSN?

Based on your posts I strongly advise you to use a qualified tax professional to do your taxes.  I have used one for the last 10 years and it cost me ~$400 a year for some complicated tax years but saved a lot of headaches.  Your taxes are probably quite simple and will cost less.

 

You can file the extension yourself.  It has no impact on the final tax numbers and will give you time to sort out the SSN and/or find a tax professional.

Edited May 5, 2021 by seekingthetruth

[Ayrton 965]

31 minutes ago, JeanneAdil said:

according to IRS on the IRS site  he can

 

https://www.irs.gov/individuals/individual-taxpayer-identification-number

Do I need an ITIN?

• U.S. resident alien who is (based on days present in the United States) filing a U.S. tax return

You have to meet all 3 requirements, not only #3. Since they are eligible for a SSN because they have an EAD, they don't meet #1, therefore they can't apply for an ITIN.

[Wuozopo 4,293]

17 hours ago, Chris Chen said:

I also have stocks that will make the filing  quite complicated.

Have you filed before with your stocks? This year will be no more difficult except you are going to need the time extension while you wait for a SSN. I use TurboTax Deluxe (installed on my computer) and it easily handles my stocks, capital gains as well as self employment (small business) tax return. No additional upgrades needed. $29.98 because I didn’t need the State income tax version since Texas doesn’t have a State income tax. With State it was 39.98 total.
 

 

[Bat man 56]

4 hours ago, seekingthetruth said:

 

Based on your posts I strongly advise you to use a qualified tax professional to do your taxes.  I have used one for the last 10 years and it cost me ~$400 a year for some complicated tax years but saved a lot of headaches.  Your taxes are probably quite simple and will cost less.

 

You can file the extension yourself.  It has no impact on the final tax numbers and will give you time to sort out the SSN and/or find a tax professional.

Be careful when using a professional if they tell you to file as single. I was told to do this and luckily I knew better from being on the forums.

[Chancy 6,241]

20 minutes ago, Bat man said:

Be careful when using a professional if they tell you to file as single. I was told to do this and luckily I knew better from being on the forums.

 

I second that!  My husband was told the same when the tax preparer found out he wanted to file MFS with spouse SSN as "NRA".

 

[top_secret 2,421]

To get TurboTax to automatically do everything correctly for filing with a W7 for a non-resident alien spouse put 999-88-9999 as the spouses "Social Security Number".  TurboTax will give you a warning that "This ITIN is expired.  You'll need to renew it to have this return processed by the IRS."  Thereafter TurboTax will handle everything  correctly for a spouse applying for an new ITIN.  Of course you still file on paper and include the W7 and docs.

Edited May 9, 2021 by top_secret

[HRQX 4,145]

40 minutes ago, top_secret said:

Of course you still file on paper and include the W7 and docs.

She is NOT eligible to file W-7 per that form's instructions since her EAD is currently valid. See the previous posts that already discussed that.

[top_secret 2,421]

2 minutes ago, HRQX said:

She is NOT eligible to file W-7 per that form's instructions since her EAD is currently valid. See the previous posts that already discussed that.

Oops, didn't read the whole thread

 

[GetOutside 164]

On 5/4/2021 at 2:47 PM, Chris Chen said:

Omg thank you for the info you might be saving me here.

 

So I confirmed with my wife again; she still has the student VISA F-1 until Aug 2022. although she's basically graduated this year. Does that qualify her for being NRA( I just googled and understood)

 

Good to know that she can't go to the ITIN route now. I can file my tax 1. through software/online services like Turbotax or freetaxusa.com, but also 2. Apply for extension of the tax-filing(does that mean I won't be able to receive deduction afterwards?). In the mean time, my wife would still need to apply for SSN?

I hate to burst your bubble, but advise given about filing an extension is irrelevant. Your taxes are due may 17 if you hadn’t already filed for an oct 15 extension by April 15. Says so right in the directions on the extension form. 

[HRQX 4,145]

6 hours ago, GetOutside said:

Your taxes are due may 17 if you hadn’t already filed for an oct 15 extension by April 15.

Even those that filed Form 4868 before April 15 must also pay the amount due by May 17: https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return

Quote

Please be aware that:

• An extension of time to file your return does not grant you any extension of time to pay your taxes. 
• You should estimate and pay any owed taxes by your regular deadline to help avoid possible penalties.
• You must file your extension request no later than the regular due date of your return.

 

https://www.irs.gov/newsroom/tax-day-for-individuals-extended-to-may-17-treasury-irs-extend-filing-and-payment-deadline "Taxpayers should pay their federal income tax due by May 17, 2021, to avoid interest and penalties."

[Wuozopo 4,293]

21 hours ago, GetOutside said:

hate to burst your bubble, but advise given about filing an extension is irrelevant. Your taxes are due may 17 if you hadn’t already filed for an oct 15 extension by April 15. Says so right in the directions on the extension form. 

The deadline for filing an extension (Form 4868) was extended to May 17.  The filing extensions announced supersede original printed forms.  And yes, if taxes owed IRS are not paid by  May 17,  there could be interest added on until anything due is paid In.
 

See https://www.irs.gov/newsroom/filing-season-reminder-an-extension-to-file-is-not-an-extension-to-pay-taxes

 

COVID Tax Tip 2021-62, May 5, 2021

For most individual taxpayers the tax filing and payment deadline was postponed to May 17. Those who need more time to file beyond the postponed date, can request an extension to file. Taxpayers must request an extension to file by May 17, or they may face a failure to file penalty. This extension gives them until October 15 to file their tax return. An extension to file is not an extension to pay. Taxes must be paid by May 17 to avoid penalties and interest on the amount owed after that date.

[Chris Chen 1]

On 5/4/2021 at 2:34 PM, HRQX said:

File the Extension Forms: https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return If you are using tax software use a placeholder SSN (but don't FILE the taxes yet) to calculate amount due (if any). SSN range:

With her EAD she is not eligible for ITIN: https://www.irs.gov/instructions/iw7

The extension application is rejected because they said the SSN didn't match! I don't know what to do now. I can't leave it blank but I can't put in any filler number. They auto reject but also do not allow us to do an in person appointment. Agh.

[seekingthetruth 1,246]

34 minutes ago, Chris Chen said:

The extension application is rejected because they said the SSN didn't match! I don't know what to do now. I can't leave it blank but I can't put in any filler number. They auto reject but also do not allow us to do an in person appointment. Agh.

Just print the form and mail it.  You only need your SSN on it.

[mmd82 2]

Nra is nonresident alien