Wife and Step Son - NRA Dependents

[Steve & Erma 36]

Newly married last year and this is the first year filing with her.

 

I have heard many people filing married joint with their spouse and simply putting Non-Resident Alien in the SSN box of the form. I was trying to go through getting an ITIN for my wife but there is an issue with the place I am trying file with and getting that done so I was thinking of opting for the NRA option. What are your thoughts?

 

Secondly, i have been supporting my wife and step son (16) for more than half the year. The question is could I add him as a dependent and again add NRA in the SSN field? It is too late to get him an ITIN even if I could at this point. They are both my dependents and I can show through monies sent that I am supporting them. So can I do this NRA option for both of them?

 

Thanks for any help.

[Lemonslice 4,725]

IRS has very specific rules on who you can claim as dependents:

 

https://www.irs.gov/help/ita/whom-may-i-claim-as-a-dependent

[Crazy Cat 41,352]

30 minutes ago, Steve & Erma said:

I have heard many people filing married joint with their spouse and simply putting Non-Resident Alien in the SSN box of the form.

Your Spouse must have a SSN or ITIN to file  a joint return.

[SteveInBostonI130 3,373]

43 minutes ago, Steve & Erma said:

Newly married last year and this is the first year filing with her.

 

I have heard many people filing married joint with their spouse and simply putting Non-Resident Alien in the SSN box of the form. I was trying to go through getting an ITIN for my wife but there is an issue with the place I am trying file with and getting that done so I was thinking of opting for the NRA option. What are your thoughts?

 

Secondly, i have been supporting my wife and step son (16) for more than half the year. The question is could I add him as a dependent and again add NRA in the SSN field? It is too late to get him an ITIN even if I could at this point. They are both my dependents and I can show through monies sent that I am supporting them. So can I do this NRA option for both of them?

 

Thanks for any help.

 

Because your spouse does not have a SSN or ITIN, you need to file MFS - Married Filing Separately.  That is where you write NRA in the SSN field for your spouse.

 

After your wife and son immigrate and get their SSN's, you can amend the 2022 tax return.

 

 

[top_secret 2,313]

On 4/3/2023 at 6:15 PM, Steve & Erma said:

I have heard many people filing married joint with their spouse and simply putting Non-Resident Alien in the SSN box of the form. I was trying to go through getting an ITIN for my wife but there is an issue with the place I am trying file with and getting that done so I was thinking of opting for the NRA option. What are your thoughts?

 

Secondly, i have been supporting my wife and step son (16) for more than half the year. The question is could I add him as a dependent and again add NRA in the SSN field? It is too late to get him an ITIN even if I could at this point. They are both my dependents and I can show through monies sent that I am supporting them. So can I do this NRA option for both of them?

 

A wife is not a dependent for tax purposes and unfortunately, whether you support him on not, you cannot claim your stepson as a dependent while he is still a non US resident living in the Philippines

 

HOWEVER, depending on your tax and income profile it can make a HUGE monetary difference whether you file married filing jointly or married filing separately.  Thousands of dollars difference.  The standard deduction alone is ~$26k for MFJ vs only ~$13k for MFS.  Plus having a spouse might put you in a lower tax bracket, qualify you for different credits etc.  It really should at least be looked at carefully to see how much money might be being left on the table.

 

The paperwork for your wife to get an ITIN is not that difficult. In the Philippines there is an authorized acceptance agent in Pampanga which is probably impractical if you wife is in Leyte. But the other option for a document that would get her an ITIN so you can file MFJ is a certified true copy of her Philippine Passport which she can from any DFA office for P100.

 

I saw your comment on the other thread about the joys of dealing with DFA.  I assume your wife is trying to change her name in her passport.  Maybe she could try and schedule an appointment to get a certified true copy of her passport at the same time if she does manage to pull off a passport appointment.  My wife found getting an appointment with DFA to change her name on her passport was completely impossible, however, getting an appointment with DFA to get a certified true copy of her old passport was a simple e-mail affair.  Everyone if fighting for a place in the new passport queue buy no one is in the passport copy queue.

 

It's at least worth running the numbers on your return to see if MFJ would be worth the effort for your wife to get an ITIN.

 

 

 

[Steve & Erma 36]

12 hours ago, top_secret said:

 

A wife is not a dependent for tax purposes and unfortunately, whether you support him on not, you cannot claim your stepson as a dependent while he is still a non US resident living in the Philippines

 

HOWEVER, depending on your tax and income profile it can make a HUGE monetary difference whether you file married filing jointly or married filing separately.  Thousands of dollars difference.  The standard deduction alone is ~$26k for MFJ vs only ~$13k for MFS.  Plus having a spouse might put you in a lower tax bracket, qualify you for different credits etc.  It really should at least be looked at carefully to see how much money might be being left on the table.

 

The paperwork for your wife to get an ITIN is not that difficult. In the Philippines there is an authorized acceptance agent in Pampanga which is probably impractical if you wife is in Leyte. But the other option for a document that would get her an ITIN so you can file MFJ is a certified true copy of her Philippine Passport which she can from any DFA office for P100.

 

I saw your comment on the other thread about the joys of dealing with DFA.  I assume your wife is trying to change her name in her passport.  Maybe she could try and schedule an appointment to get a certified true copy of her passport at the same time if she does manage to pull off a passport appointment.  My wife found getting an appointment with DFA to change her name on her passport was completely impossible, however, getting an appointment with DFA to get a certified true copy of her old passport was a simple e-mail affair.  Everyone if fighting for a place in the new passport queue buy no one is in the passport copy queue.

 

It's at least worth running the numbers on your return to see if MFJ would be worth the effort for your wife to get an ITIN.

 

 

 

Yeah the difference is huge for my taxes. I went to an authorized agent here in my town to get her an ITIN and had my wife send me one of her ID's and then did a video call with the agent. She has my taxes done but now is having trouble re-certifying as an agent as the IRS is holding everything up, go figure. Probably going to have to file an extension just to wait at this point. There was another agent in the next own over that I tried to get it done with but she won't do it unless my wife is here in person for whatever reason.

 

The DFA thing I am just going to get her a flight to Manila to fix that. They have an over abundance of appointments there and she has family she can stay with while she gets that done.