Tax Question (No SSN)

[HappyHappyJoyJoy 1]

Hello Everyone,

 

I know my question has been asked many times, but there isn’t a clear answer.  At the same time, I do have some information myself about ITIN without SSN for spouses here with a K-1 visa.  
 

I am trying to file taxes for the recent taxes due and I qualify to file as a married jointly since my marriage took place before the 12/31/2021.  Unfortunately, even though we did everything on time to receive a SSN for my spouse, it failed (which is another story) due to SSA office not doing their part. 
 

Anyways, we consulted a couple we know also with a K-1 visa who filed requesting a ITIN which they have told us that it was not only a hassle, but major problems (Still haven’t received refunds from 2020 taxes along with verification process to obtain ITIN was insane).  My desire is to request an extension, but I am hearing that it’s not an extension to put off any amounts due (if you were to file normally before the 04/15 deadline).  
 

Has anyone took this approach to use the extension method and if so, how do you go about paying “in advance” on the estimate that is due (most likely state owed taxes) while filing for an extension or am I wrong on this part?  I’ve always filed online myself, and I am planning to see a tax professional, but I know they will push for the ITIN route which I am trying to avoid.  
 

TL:DR  The wish is to file an extension, file when spouse receives her SSN prior to the 10/22 extension deadline and file normally without the hassle.  Just worried about taxes due by the normal deadline when using the extension method. 

[SteveInBostonI130 3,471]

It may probably be easier to file as MFS and amend it in the future when your wife gets her SSN.  I think the deluxe or some other version of TurboTax allows amended return filings for up to 3 previous years.

 

EDIT:. But I don't think you can use TurboTax.  To file as MFS you need to use paper filing and hand write NRA for your wife's SSN.

Edited February 16, 2022 by SteveInBostonI130

[molehills 67]

I understand that an extension is only applicable if you owe taxes, and when filing that extension, you have to pay 10%(?) of what is owed at the time of extension filing.

 

If you expect a refund, I understand that no penalty exists for filing late, but it's obviously in your best interest to file and get the monies due to you. I *think* I saw something saying that the IRS will honor refunds for up to 3 years. This might be our scenario since, as you already said, the ITIN is a complicated mess, but I'm hoping we can get my spouse a SSN before April (lol).

[HappyHappyJoyJoy 1]

35 minutes ago, molehills said:

I understand that an extension is only applicable if you owe taxes, and when filing that extension, you have to pay 10%(?) of what is owed at the time of extension filing.

 

If you expect a refund, I understand that no penalty exists for filing late, but it's obviously in your best interest to file and get the monies due to you. I *think* I saw something saying that the IRS will honor refunds for up to 3 years. This might be our scenario since, as you already said, the ITIN is a complicated mess, but I'm hoping we can get my spouse a SSN before April (lol).

Wait, are you saying no need for an extension if I can “estimate” that I am going to be due a refund?  I believe I will owe for state (most likely the case) and my federal will offset the owed which will equate to me receiving a refund.  But, what I am saying is, I can’t even file at this point as married since my spouse doesn’t have a SSN at the moment and she will not receive one by the normal tax deadline (04/22).  Wouldn’t I still need to request an extension since I will be late? 

 

Yes, I do not recommend the ITIN from the response we got from someone we know.  Is your spouse’s SSN coming out before April is likely?  What is your situation? 

Edited February 16, 2022 by HappyHappyJoyJoy

[Wuozopo 4,293]

2 hours ago, HappyHappyJoyJoy said:

TL:DR  The wish is to file an extension, file when spouse receives her SSN prior to the 10/22 extension deadline and file normally without the hassle.  Just worried about taxes due by the normal deadline when using the extension method. 

I understand what you are trying to do and think it is worth a try. And did you know if your wife gets her SSN prior to the October extension deadline, she qualifies for the third government rebate of $1400. She does not with an ITIN.

 

This is a link to the paper form for an extension which I think will give you the basic information you need as well as ways to pay. There’s four pages of info to read so don’t skip the instructions. . https://www.irs.gov/pub/irs-pdf/f4868.pdf

You may have to fill out the paper form and write “pending” for the SSN. Tax software may not allow an efile without a proper SSN in that field. 

 

You only have to pay in an estimate for your extension if you are going to owe the IRS. Have you worked out your taxes yet? Many people are surprised by the married filing joint benefit and the extra standard deduction a wife will bring to the process. 
 

If the SSN doesn’t come through before October, you can file Married Filing Separately instead and amend to Jointly later. Sorry I can’t help you with State income tax questions.

Edited February 16, 2022 by Wuozopo

[HappyHappyJoyJoy 1]

13 minutes ago, Wuozopo said:

I understand what you are trying to do and think it is worth a try. And did you know if your wife gets her SSN prior to the October extension deadline, she qualifies for the third government rebate of $1400. She does not with an ITIN.

 

This is a link to the paper form for an extension which I think will give you the basic information you need as well as ways to pay. There’s four pages of info to read so don’t skip the instructions. . https://www.irs.gov/pub/irs-pdf/f4868.pdf

You may have to fill out the paper form and write “pending” for the SSN. Tax software may not allow an efile without a proper SSN in that field. 

 

You only have to pay in an estimate for your extension if you are going to owe the IRS. Have you worked out your taxes yet? Many people are surprised by the married filing joint benefit and the extra standard deduction a wife will bring to the process. 
 

If the SSN doesn’t come through before October, you can file Married Filing Separately instead and amend to Jointly later. Sorry I can’t help you with State income tax questions.

Thank you so much for the reply.  Will follow suit.  

[iwannaplay54 985]

We filed in August our first year after getting married for this very reason.

A little known fact:  You have three years to file IF you don’t owe any money (are due a refund) and there is no penalty (and) you get your refund anyway.

You can also file an extension, but since we were owed money we didnt worry about it.

So:  If you are due a refund, just wait to file

Edited February 16, 2022 by iwannaplay54

[iwannaplay54 985]

39 minutes ago, HappyHappyJoyJoy said:

Wait, are you saying no need for an extension if I can “estimate” that I am going to be due a refund?  

Correct

[Wuozopo 4,293]

@HappyHappyJoyJoy

 

In the event that the SSN does not come through, make sure that a Married Filing Separate also has a refund before you skip filing an extension. I would fill out the paper form and mail anyway to be officially protected until October 15. Not sure if her $1400 rebate is protected without filing an extension. The instructions say she must have a SSN by filing deadline (April 18) or by the extension deadline if you file an extension. 
 

 

Edited February 16, 2022 by Wuozopo

[molehills 67]

1 hour ago, HappyHappyJoyJoy said:

Wait, are you saying no need for an extension if I can “estimate” that I am going to be due a refund?  I believe I will owe for state (most likely the case) and my federal will offset the owed which will equate to me receiving a refund.  But, what I am saying is, I can’t even file at this point as married since my spouse doesn’t have a SSN at the moment and she will not receive one by the normal tax deadline (04/22).  Wouldn’t I still need to request an extension since I will be late? 

 

Yes, I do not recommend the ITIN from the response we got from someone we know.  Is your spouse’s SSN coming out before April is likely?  What is your situation? 

He arrived on a K1 in June of last year, didn't have enough time to get the SSN because of expired I94.

We are anticipating his greencard arriving today via USPS, and will be calling the SSA to get an appointment so they can issue him a new SSN. On their website they say up to 2 weeks, I'm thinking a month and a half would be lucky, extra lucky if before tax day. I think the SSA is still closed to everyone expect emergency appts. 

 

As far as the extension goes, I'm not a tax expert or anything, but skimmed through some things put out by H and R Block (who I'll be filing with)  https://www.hrblock.com/tax-center/irs/audits-and-tax-notices/missed-the-tax-deadline/ . 

 

I've seen some similar things on reddit as well, but I've been trying to do more thorough research because it seems pretty serious to not file taxes, and you know, strangers on the internet giving advice. 

[molehills 67]

37 minutes ago, iwannaplay54 said:

We filed in August our first year after getting married for this very reason.

A little known fact:  You have three years to file IF you don’t owe any money (are due a refund) and there is no penalty (and) you get your refund anyway.

You can also file an extension, but since we were owed money we didnt worry about it.

So:  If you are due a refund, just wait to file

This is exactly what I wanted to hear. Thank you.

[HappyHappyJoyJoy 1]

39 minutes ago, iwannaplay54 said:

We filed in August our first year after getting married for this very reason.

A little known fact:  You have three years to file IF you don’t owe any money (are due a refund) and there is no penalty (and) you get your refund anyway.

You can also file an extension, but since we were owed money we didnt worry about it.

So:  If you are due a refund, just wait to file

Thank you so much.  This helps a lot

[HappyHappyJoyJoy 1]

5 minutes ago, molehills said:

He arrived on a K1 in June of last year, didn't have enough time to get the SSN because of expired I94.

We are anticipating his greencard arriving today via USPS, and will be calling the SSA to get an appointment so they can issue him a new SSN. On their website they say up to 2 weeks, I'm thinking a month and a half would be lucky, extra lucky if before tax day. I think the SSA is still closed to everyone expect emergency appts. 

 

As far as the extension goes, I'm not a tax expert or anything, but skimmed through some things put out by H and R Block (who I'll be filing with)  https://www.hrblock.com/tax-center/irs/audits-and-tax-notices/missed-the-tax-deadline/ . 

 

I've seen some similar things on reddit as well, but I've been trying to do more thorough research because it seems pretty serious to not file taxes, and you know, strangers on the internet giving advice. 

Ohhh interesting.  I hope you get it sooner than later!  SSA is a tough place to get anything done even if done correctly on our end.  We did everything right and was denied now due to my spouse K1 Visa expiring

[HappyHappyJoyJoy 1]

29 minutes ago, Wuozopo said:

@HappyHappyJoyJoy

 

In the event that the SSN does not come through, make sure that a Married Filing Separate also has a refund before you skip filing an extension. I would fill out the paper form and mail anyway to be officially protected until October 15. Not sure if her $1400 rebate is protected without filing an extension. The instructions say she must have a SSN by filing deadline (April 18) or by the extension deadline if you file an extension. 
 

 

Okay will do.  With all this, I am going to still seek a tax professional as I have always done taxes myself.  

[HappyHappyJoyJoy 1]

44 minutes ago, iwannaplay54 said:

We filed in August our first year after getting married for this very reason.

A little known fact:  You have three years to file IF you don’t owe any money (are due a refund) and there is no penalty (and) you get your refund anyway.

You can also file an extension, but since we were owed money we didnt worry about it.

So:  If you are due a refund, just wait to file

When did you guys get married?  I’m assuming you were NOT allowed to file single due to the date or marriage?  Since we married prior to 12/31/2021, I have no choice right now but to file MFS or MFJ (best option / tax refund).