Do I need an ITIN for my spouse?

[Dataunavailable 82]

I tried searching for ITIN here, but some stuff was old and a little confusing. 

 

I tried filing my taxes online, but it asks for a SSN or drivers license number. 

I went to HR Block and the person said to get something called ITIN or PTIN. 

 

Is this required to file married but seperate? Some of the searches said an ITIN took over a year to receive. I am wanting my taxes filed and complete so I have them ready when she gets her CR1 interview. 

 

I know I can't file single now, even though she is not in the U.S yet, would it be in our benefit to get the ITIN/PTIN? Or is there a way to file married and not have one and just file regularly when she does arrive here?

[Mike E 11,741]

You don’t need an ITIN but you won’t be able to file MFS electronically. 
 

 

Edited February 15, 2023 by Mike E

[Dataunavailable 82]

22 minutes ago, Mike E said:

You don’t need an ITIN but you won’t be able to file MFS electronically. 
 

 

So, reading that, I will need to file by mail and still fill out a W7?

[Mike E 11,741]

7 minutes ago, Dataunavailable said:

So, reading that, I will need to file by mail and still fill out a W7?

You will file by mail.  Your NRA spouse  does not have to apply for an ITIN.  
 

There  are two facts facing you:

 

1. Your NRA spouse cannot be compelled to apply for an ITIN

 

2. You are compelled to file a tax return. 
 

The simplest way to face the reality of both facts is you file MFS and your spouse doesn’t not apply for an ITIN.  

 

[pushbrk 12,999]

Above is correct.  Note also that your Tax Return Transcript will not be available in time, so make sure you have a complete copy of what you mailed in, including W2 1099 forms etc. and the full tax return with all schedules.

[powerpuff 6,744]

~~ Topic moved from CR1/IR1 forum to Tax & Finances forum ~~

[BLC 112]

You only need an ITIN if you want to use Married filing jointly. If you do married filing separately, though, you do not need an ITIN. 

[BLC 112]

14 hours ago, Mike E said:

You don’t need an ITIN but you won’t be able to file MFS electronically. 
 

 

Yes you can, I file electronically all the time. 

[Crazy Cat 41,985]

52 minutes ago, BLC said:

Yes you can, I file electronically all the time. 

Which software will allow you to file Married Filing Separately electronically? 

[BLC 112]

17 minutes ago, Crazy Cat said:

Which software will allow you to file Married Filing Separately electronically? 

OLT and TaxAct (I am sure there are others, too, but that’s what I generally use). TaxSlayer, does seem to give some trouble; but, 2021 was my last time using that software, so they may have fixed that issue since. 
 

edit: TaxAct is the program I used this year to file my own taxes personally (MFS, no ITIN). Last year I used OLT (same filing status). Both returns accepted and processed.

Edited February 16, 2023 by BLC

[Mike E 11,741]

13 minutes ago, BLC said:

OLT and TaxAct (I am sure there are others, too, but that’s what I generally use). TaxSlayer, does seem to give some trouble; but, 2021 was my last time using that software, so they may have fixed that issue since. 

https://www.reddit.com/r/USExpatTaxes/comments/g2l8qj/which_tax_software_allows_efiling_with_spouses/fnxyib1/?utm_source=share&utm_medium=ios_app&utm_name=iossmf&context=3

“

No, but Ill try [taxact] in a bit. However, their site says that a spouse's ssn or itin is required for e-filing so Im not optimistic.

Update: did not work”

 

Seems to be hit or miss.  I stand my by answer.  I’m out. 

Edited February 16, 2023 by Mike E

[Chancy 6,243]

18 hours ago, Dataunavailable said:

is there a way to file married and not have one and just file regularly when she does arrive here?

 

You may get lucky to be able to file MFS online without spouse SSN with the tax software mentioned in this thread.  My USC spouse tried to do so with TaxAct for tax year 2020, but even after paying around $100 for the federal+state version with full customer support, TaxAct still did not allow him to file MFS online.  Maybe they fixed that issue since 2020, but we never tried TaxAct again after that experience.

 

[beloved_dingo 1,979]

As a side note, you can amend the return later to MFJ after your spouse is in the U.S. and has an SSN to take advantage of the tax benefits. 

[Dataunavailable 82]

19 hours ago, Mike E said:

You will file by mail.  Your NRA spouse  does not have to apply for an ITIN.  
 

There  are two facts facing you:

 

1. Your NRA spouse cannot be compelled to apply for an ITIN

 

2. You are compelled to file a tax return. 
 

The simplest way to face the reality of both facts is you file MFS and your spouse doesn’t not apply for an ITIN.  

 

Thanks, appreciate it.

[BLC 112]

20 hours ago, Dataunavailable said:

Thanks, appreciate it.

No problem! Some of this software really doesn’t make it obvious, though, as I have experienced trying to use one that just would not allow you to move forward without spouse ITIN/SSN. So if someone only tried with one of those programs, they would just assume e-file was impossible. TaxSlayer was one that gave me issues - their customer support actually thought you couldn’t file at all (even on paper) having a spouse without a SSN/ITIN. Scary to know the knowledge base of some of the staff at these places lol.