Tax questions (split)

[carmel34 3,624]

11 hours ago, TaskenLander said:

Can I just say "F it" and file 'single' just to get things processed and moving and amend later? Or file 'married separately'? I wouldn't need her signature then, would I? Just sucks as I owe $900 filing 'single' or 'married separately' and we stand to conceivably get that much *back IF I can successfully file 'married jointly'.

At this point I recommend that you file married separately, then file an amended return after she enters the US.  You'll get the refund back later.

[BLC 112]

Stop using turbo tax, there is other software out there. Everyone could avoid all these tax issues by using different software that allows you to file MFS without spouses SSN/ITIN. I’ve posted this before, but I use OLT and TaxAct— my husband does not have ITIN or SSN and I file MFS. 

[SteveInBostonI130 3,434]

11 hours ago, TaskenLander said:

 

Thank you for your feedback. I'm sorry; I misspoke (my wife and I were sure to leave her social blank on the W-7 form), just my 1040 Federal & State tax return has all 9's in the spot for her social. Does that matter greatly? Wouldn't they be able to see that we don't have a social for her at time of mail filing along with a W-7 application?  I suppose it wouldn't be the *worst thing to have to start over and print by hand but I'm wary I'll miss somethin' and mess something up, thus delaying things further. 😣

 

If I look into submitting these all to an acceptance agent, they handle everything then and there (including the acceptance and processing of my now late return)? My wife *doesn't have to be present to do so? 

 

Thanks again in advance.

 

The SSN field on the 1040 needs to be blank for your wife:

 

Quote

1. Your completed Form W-7.

2. Your original tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you’re applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to the same tax return. Leave the area of the SSN blank on the tax return for each person who is applying for an ITIN. After your Forms W-7 have been processed, the IRS will assign an ITIN to the return and process the return.

 

Option:

 

1. Hand fill a new 1040, or find a fillable PDF version.  Copy the data from Turbotax and leave out the SSN for your wife.  Sign it, send it to your wife to sign, have her send it back, and mail it with the W7 to IRS.

 

2. File as Married Filing Separately.  Amend the tax return when your wife arrives in the US and gets her SSN.

Edited June 13, 2023 by SteveInBostonI130

[TexasRafael 134]

14 hours ago, TaskenLander said:

Hello there,

I am in a somewhat similar situation. My wife's I-130 petition was officially approved this previous Thursday (June 08, 2023). I tried filing my taxes 'married jointly' online via TurboTax (she is still living in Japan), but I was unable to file due to not having an ITIN number for her. I filed for an extension and had her fill out a W-7 form and mail it to me along with an international driver's license and her country's equivalent of a birth certificate.  Her filled out W-7 form and corresponding documents arrived finally and now I wish to get this and my federal taxes mailed out ASAP, but I have a few burning questions still if I may ask here:

• After numerous attempts, I was able to *finally* finish my taxes on Turbo Tax and save as a PDF for mailing but after a careful examination of them, it says on the final page marked 'ELECTRONIC POSTMARK - CERTIFICATION OF ELECTRONIC FILING', "Your return has been rejected by the IRS". Does it just say this, because I had to fill in all 9's for my wife's social security number to be able to submit? If I mail in what I have now, will they (my 2022 taxes) still be accepted?
• And secondly, the instructions on the IRS website say to leave the social security field for the spouse that you are applying an ITIN number for blank -- but clearly I had to put all 9's in to be able to (attempt) to file. Will this qualify my taxes (or at least my ITIN application) rejected??

Any insight into this would be GREATLY appreciated; I am quite vexed what exactly to do and time is officially ticking... 😓

 

Thank you in advance.

For the last two tax years, 2021 and 2022, I have filed my taxes using TurboTax, filling out my spouse social as all 999's, as he is in Indonesia, and mailing paper returns.  Both times my taxes have been accepted and processed and I can get copies of them in the transcript page of the IRS when I need copies to fill out the affidavit of support.  Never been told to do otherwise.

 

[TaskenLander 13]

4 hours ago, carmel34 said:

At this point I recommend that you file married separately, then file an amended return after she enters the US.  You'll get the refund back later.

And if I owe filing MFS -- that has to paid upfront or can I "arrange a payment plan" which intention to amend once my wife is living here? Thank you. 

[TaskenLander 13]

4 hours ago, SteveInBostonI130 said:

 

The SSN field on the 1040 needs to be blank for your wife:

 

 

Option:

 

1. Hand fill a new 1040, or find a fillable PDF version.  Copy the data from Turbotax and leave out the SSN for your wife.  Sign it, send it to your wife to sign, have her send it back, and mail it with the W7 to IRS.

 

2. File as Married Filing Separately.  Amend the tax return when your wife arrives in the US and gets her SSN.

As of write now I am leaning towards the former, though just have her print the pages needed her to sign, sign them, and then mail me those to finish filling out and include with the rest of the 1040 form as to not waste the time it would take for me to mail them to her first. Does that sound prudent in your opinion? 

 

 

2 hours ago, TexasRafael said:

For the last two tax years, 2021 and 2022, I have filed my taxes using TurboTax, filling out my spouse social as all 999's, as he is in Indonesia, and mailing paper returns.  Both times my taxes have been accepted and processed and I can get copies of them in the transcript page of the IRS when I need copies to fill out the affidavit of support.  Never been told to do otherwise.

 

Thank you for sharing your experiences. I take then that you filed MFS? 

Edited June 13, 2023 by TaskenLander

[top_secret 2,417]

Turbo Tax recommends using 999-88-9999 for this situation in their instructions.  It will give an error that it is an expired ITIN but then complete the return normally without errors.  I printed the TurboTax return and edited out the 999-88-9999 with Adobe Acrobat but there are any number of free tools online that can edit a pdf. Then had my wife print it, sign it, scan it and return it along with the statement electing to be treated as resident for tax purposes, the W7 and her certified copy of her passport.  I signed mailed all that to the ITIN address and it was accepted just fine.

[TexasRafael 134]

2 hours ago, TaskenLander said:

As of write now I am leaning towards the former, though just have her print the pages needed her to sign, sign them, and then mail me those to finish filling out and include with the rest of the 1040 form as to not waste the time it would take for me to mail them to her first. Does that sound prudent in your opinion? 

 

 

Thank you for sharing your experiences. I take then that you filed MFS? 

No, we filed married and I received my refunds just fine and both my transcripts are in the IRS website showing as such. I tried to get an ITIN for my husband but that led no where, so I just filed and waited to see what happened and nothing happened they processed my returns like normal both times.

 

[TaskenLander 13]

1 hour ago, top_secret said:

Turbo Tax recommends using 999-88-9999 for this situation in their instructions.  It will give an error that it is an expired ITIN but then complete the return normally without errors.  I printed the TurboTax return and edited out the 999-88-9999 with Adobe Acrobat but there are any number of free tools online that can edit a pdf. Then had my wife print it, sign it, scan it and return it along with the statement electing to be treated as resident for tax purposes, the W7 and her certified copy of her passport.  I signed mailed all that to the ITIN address and it was accepted just fine.

You submitted a printed scanned copy of her signature or she mailed her signed print out of the form to you? Do I have to do the same thing when submitting my state taxes (an explanation of my wife's W-7 application)? Thank you. 

[top_secret 2,417]

1 minute ago, TaskenLander said:

You submitted a printed scanned copy of her signature or she mailed her signed print out of the form to you? Do I have to do the same thing when submitting my state taxes (an explanation of my wife's W-7 application)? Thank you. 

I sent the actual signed copy.  For state taxes I would guess every state might have different rules.  For California the best that I could determine is that I am required to file the same status on state as I did on federal plus include a copy of my federal return so that's what I did.  Additionally on the state return I accidently missed editing out the 999-88-9999 so it went in filled like that. California promptly paid the refund and never complained about anything so I guess it was fine even without an ITIN.  For other states???

[TaskenLander 13]

Copy that, thanks. When submitting a copy of your federal taxes along with your state, you sent a printed copy of you and your wife's signatures or an actual duplicate of your actual signed pages? Thank you again. This has been a big help.

[Jason and May 79]

On 6/12/2023 at 5:15 PM, TaskenLander said:

Hello there,

I am in a somewhat similar situation. My wife's I-130 petition was officially approved this previous Thursday (June 08, 2023). I tried filing my taxes 'married jointly' online via TurboTax (she is still living in Japan), but I was unable to file due to not having an ITIN number for her. I filed for an extension and had her fill out a W-7 form and mail it to me along with an international driver's license and her country's equivalent of a birth certificate.  Her filled out W-7 form and corresponding documents arrived finally and now I wish to get this and my federal taxes mailed out ASAP, but I have a few burning questions still if I may ask here:

• After numerous attempts, I was able to *finally* finish my taxes on Turbo Tax and save as a PDF for mailing but after a careful examination of them, it says on the final page marked 'ELECTRONIC POSTMARK - CERTIFICATION OF ELECTRONIC FILING', "Your return has been rejected by the IRS". Does it just say this, because I had to fill in all 9's for my wife's social security number to be able to submit? If I mail in what I have now, will they (my 2022 taxes) still be accepted?
• And secondly, the instructions on the IRS website say to leave the social security field for the spouse that you are applying an ITIN number for blank -- but clearly I had to put all 9's in to be able to (attempt) to file. Will this qualify my taxes (or at least my ITIN application) rejected??

Any insight into this would be GREATLY appreciated; I am quite vexed what exactly to do and time is officially ticking... 😓

 

Thank you in advance.

I covered all this in a thread several months ago after talking with the federal IRS and my state department of revenue. I was in the same boat you were. I can't get the thread to copy a link, so I'll copy and paste here from the thread. Maybe this will help you. 

 

Federal IRS

 

1. I completed and scanned an IRS form 2848 to my wife. She signed and faxed it to the IRS at the fax number indicated on the form. She then scanned a copy to me. (Adobe Scan for iPhone and Android is free and works awesome.)
2. Within a couple of weeks, the IRS sent me a letter with a CAF number, which allows me to sign tax documents for my wife through power of attorney. 
3. I then filled out the IRS form W-7 and signed it for my wife as POA with my CAF number. This will apply for her ITIN for tax purposes. Be sure to check the power of attorney box by your signature line, or they will reject the W-7. 
4. My wife applied for a certified true copy of her passport through DFA (Philippines). She shipped me the originals through DHL for something like $3,000 pesos. It took about 5 days, I think, to get to me in Wisconsin.
5. Then I printed my tax returns, and I mailed my federal tax return packet to the IRS ITIN Operations address in Austin, TX. 

The federal tax return packet you file for the first year you apply for your wife’s ITIN, does not go to the normal IRS filing address. It goes to the ITIN operations center, where your wife’s ITIN will be generated, and your tax return filed. These addresses are on the W-7 instructions. 

 

The packet you mail should contain:

 

1. Your tax return
2. A copy of the 2848 your wife faxed to the IRS to apply for your CAF number and provide you POA 
3. A completed IRS form W-7 with power of attorney box checked
4. Your wife’s original passport or an original certified true copy of your wife’s passport
5. A copy of your certificate of marriage
6. A cover letter explaining why you are filing with the status married filing jointly, but your wife is not a resident and needs an ITIN. (Essentially, something like: We’re married. We’ve applied for a spousal visa, it is not yet approved. She is a resident of and lives in [X country] and she is not a U.S. resident, and we need an ITIN for tax filing purposes.)

 

State Taxes

 

Your state taxes is a different story. I called my department of revenue and asked them what to do. They told me to write in her SSN box on the tax forms “ITIN applied for,” and include the IRS form W-7 to prove her ITIN is applied for, a copy of our marriage certificate, copy of her CTC of her passport, and a cover letter explaining the circumstances. 

 

Some states might make you wait until her ITIN is issued to file. Mine didn’t, though. 

 

Miscellaneous: 

 

I do my taxes through TurboTax. There are a few forms where you have to put in your wife’s SSN, and you can only type numbers. So when I printed my taxes, I went through all my tax forms, and on the few where my wife’s SSN needed to be, I wrote in, “ITIN applied for.” This was what my state's DOR agent told me to do to avoid my taxes being rejected for corrections. 

 

When I signed the W-7 for my wife, I signed her name and then wrote, “By Jason L. Fairweather, Husband, [and my CAF number].” 

 

When I signed our taxes, I signed her name and then wrote, “By Jason L. Fairweather, Husband, [and my CAF number].” 

 

I hope this helps, 

 

Jason

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to Tax & Finances During US Immigration, where similar topics are discussed ***

 

[TaskenLander 13]

On 6/17/2023 at 9:08 PM, Jason and May said:

I covered all this in a thread several months ago after talking with the federal IRS and my state department of revenue. I was in the same boat you were. I can't get the thread to copy a link, so I'll copy and paste here from the thread. Maybe this will help you. 

 

Federal IRS

 

 

1. I completed and scanned an IRS form 2848 to my wife. She signed and faxed it to the IRS at the fax number indicated on the form. She then scanned a copy to me. (Adobe Scan for iPhone and Android is free and works awesome.)
2. Within a couple of weeks, the IRS sent me a letter with a CAF number, which allows me to sign tax documents for my wife through power of attorney. 
3. I then filled out the IRS form W-7 and signed it for my wife as POA with my CAF number. This will apply for her ITIN for tax purposes. Be sure to check the power of attorney box by your signature line, or they will reject the W-7. 
4. My wife applied for a certified true copy of her passport through DFA (Philippines). She shipped me the originals through DHL for something like $3,000 pesos. It took about 5 days, I think, to get to me in Wisconsin.
5. Then I printed my tax returns, and I mailed my federal tax return packet to the IRS ITIN Operations address in Austin, TX. 

The federal tax return packet you file for the first year you apply for your wife’s ITIN, does not go to the normal IRS filing address. It goes to the ITIN operations center, where your wife’s ITIN will be generated, and your tax return filed. These addresses are on the W-7 instructions. 

 

The packet you mail should contain:

 

1. Your tax return
2. A copy of the 2848 your wife faxed to the IRS to apply for your CAF number and provide you POA 
3. A completed IRS form W-7 with power of attorney box checked
4. Your wife’s original passport or an original certified true copy of your wife’s passport
5. A copy of your certificate of marriage
6. A cover letter explaining why you are filing with the status married filing jointly, but your wife is not a resident and needs an ITIN. (Essentially, something like: We’re married. We’ve applied for a spousal visa, it is not yet approved. She is a resident of and lives in [X country] and she is not a U.S. resident, and we need an ITIN for tax filing purposes.)

 

State Taxes

 

Your state taxes is a different story. I called my department of revenue and asked them what to do. They told me to write in her SSN box on the tax forms “ITIN applied for,” and include the IRS form W-7 to prove her ITIN is applied for, a copy of our marriage certificate, copy of her CTC of her passport, and a cover letter explaining the circumstances. 

 

Some states might make you wait until her ITIN is issued to file. Mine didn’t, though. 

 

Miscellaneous: 

 

I do my taxes through TurboTax. There are a few forms where you have to put in your wife’s SSN, and you can only type numbers. So when I printed my taxes, I went through all my tax forms, and on the few where my wife’s SSN needed to be, I wrote in, “ITIN applied for.” This was what my state's DOR agent told me to do to avoid my taxes being rejected for corrections. 

 

When I signed the W-7 for my wife, I signed her name and then wrote, “By Jason L. Fairweather, Husband, [and my CAF number].” 

 

When I signed our taxes, I signed her name and then wrote, “By Jason L. Fairweather, Husband, [and my CAF number].” 

 

I hope this helps, 

 

Jason

Sorry for the super late reply. I ended up taking someone from here's advice and just went to H&R Block (my first time ever having someone help me with my taxes). The agent who assisted me was amazing and helped me get everything squared away and (finally) filed. Thank you so much for your tips and reccomendations though!

 

All The best, Mike