2020 joint tax returns with W-7/ITIN Application - post your timelines

[VisaDonnie 54]

Yes you enter your AGI for 2020 and since your changing her ITIN to a SSN you have to put zero for her because she has no prior filing with that SSN. If it takes 30 days then wait it out or it will get kicked back again.

[JKLSemicolon 410]

I was able to successfully e-file the returns this morning.

 

It turns out that in TaxAct, since we filed a paper return last year when requesting the ITIN, I was supposed to mark that we didn't file a prior year return:

 

https://www.taxact.com/support/16091/2021/correcting-agi-prior-year-pin-rejection

 

No doubt that varies based on the e-file provider, but posting here in case someone else runs into the same issue.

[gydhuerta 0]

On 5/17/2021 at 6:11 PM, JKLSemicolon said:

Since today is the regular filing deadline for 2020 taxes, I am starting a thread to share experiences on filing jointly while requesting an ITIN for the foreign spouse.

 

Our situation: my wife is outside the U.S. waiting for a CR-1 interview. I wanted to file jointly before the deadline, since I could not submit a federal extension without a SSN for her. I also didn't want to file separately (even if amending later) since that would result in owing a lot up front. I used TaxAct for the first time this year and have no complaints. I have used other tax software in the past but tend to go with whatever is available through free filing options, which can change from year to year.

 

With that in mind, my timeline so far is:

• Late March: submitted a (paper) extension request for my state return, explaining that we are applying for an ITIN with the federal return and could not submit the state return until that was assigned
  • No response received
  • Mid-April: called the state taxpayer hotline and was advised that if I didn't receive a response to the extension request by the May 17 deadline, to submit the return with the spouse's SSN left blank and then wait for them to request the missing information
• Late April: visited my wife abroad and got necessary signatures and documents from her
• May 5: USPS Priority Mail Express envelope received at IRS Austin address containing the following:
  • Nonresident Alien Spouse Election Statement (signed by both of us, prepared based on this IRS guidance)
  • Form W-7 signed by my wife, plus supporting documents:
    • Original state ID (to establish identity) - the details for this were included on part 6d of the form
    • Certified copy of birth certificate (to establish foreign status)
      • Accompanied by an additional information sheet with her name and "Form W-7" at the top, containing all the details requested in part 6d of the form - not sure if this was necessary, but I didn't want to chance it
      • Also accompanied by a translation that I prepared and signed using the typical certification statement found in these forums
    • Certified copy of marriage certificate (since the birth certificate had her maiden name and everything else used her married name)
  • Form 1040 (signed by both of us) and all relevant schedules/forms
  • W-2
• May 15: USPS Priority Mail envelope received at PO Box for state returns, containing:
  • Cover letter explaining the situation
  • State return signed by both of us (SSN for wife left blank per the instructions I had previously received over the phone)
  • W-2
  • Copy of the extension request I had previously submitted (stamped as "file copy")
  • Printout of the "How do I apply for an ITIN?" page from the IRS website, highlighting the part that says how long it's supposed to take

 

Now all I can do is wait patiently and hope I did everything right. I will update this thread if I have any news.

 

Anyone who is going through the same process, please feel free to post your own timeline.

 

Currently under a similar situation. 
For the declaration statement what identification number did you provide your spose? We are submitting the W-7 form so not sure what to provide .

 

Thanks!

[JKLSemicolon 410]

12 hours ago, gydhuerta said:

Currently under a similar situation. 
For the declaration statement what identification number did you provide your spose? We are submitting the W-7 form so not sure what to provide .

 

Thanks!

We used the taxpayer ID from her return in Ecuador. Edited to add: this was the number from box 6b of Form W-7. However, you may consider using the identification number from the document in part 6d of the W-7 instead?

 

The format for the document I sent is below (slightly updated after looking at the current IRS language):

 

Quote

[YYYY] Nonresident Spouse Election Statement

 

Name(s) shown on Form 1040 [First/Middle Initial/Last] and [First/Middle Initial/Last]

 

[Home Address from Form 1040]

 

[Date]

 

Internal Revenue Service

ITIN Operation

[Address from Form W-7 Instructions]

 

To Whom it May Concern:

 

We wish to make the following declarations with respect to our [YYYY] joint tax return:

1. [Full Name] and [Full Name] were married on [Date] and remained spouses on the last day of tax year [YYYY].
2. On the last day of tax year [YYYY], [Full Name] was a U.S. citizen and [Full Name] was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A).
3. Both [Full Name] and [Full Name] choose to be treated as U.S. residents for the entire tax year [YYYY].
4. Our information is as follows:

Name	Address	Identification Number
[Full Name]	[US Address]	[#] (social security number)
[Full Name]	[non-US Address]	[#] (foreign tax I.D. number)

 

If you have any questions or concerns about this statement, please do not hesitate to contact us.

 

Sincerely,

 

[signature]  [date]

[Full Name]  Date

[US Phone]

 

[signature]  [date]

[Full Name]  Date

[non-US Phone]

 

Note that I actually did include the parentheses after the identification numbers specifying what each one was.

 

Hope that helps.

Edited February 11, 2023 by JKLSemicolon
Added reference to section of W-7

[gydhuerta 0]

12 hours ago, JKLSemicolon said:

We used the taxpayer ID from her return in Ecuador. Edited to add: this was the number from box 6b of Form W-7. However, you may consider using the identification number from the document in part 6d of the W-7 instead?

 

The format for the document I sent is below (slightly updated after looking at the current IRS language):

 

 

Note that I actually did include the parentheses after the identification numbers specifying what each one was.

 

Hope that helps.

This was so helpful, thank you so much!!
I will be using the format you provided and will provide his taxpayer id from his country! Really appreciate your help.