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Level 1
posted Apr 12, 2024 3:30:46 PM

Married Filling Jointly but wife has an expired ITIN. The federal and state returns for 2023 year were submitted with her expired ITIN and electronically accepted. Should I be worried about something, like losing my married status?

From the IRS ITIN FAQ I can read:

 

Q7: Should spouses and dependents renew their ITINs?

A7: For tax years 2018 through 2025, spouses and dependents should not apply for or renew an ITIN unless they are claimed for an allowable tax benefit or if they file their own tax return. The individual must be listed on an attached U.S. individual federal tax return with the schedule or form that applies to the allowable tax benefit.

I don't believe I'm claiming any tax benefit for my wife beside of course filling a jointly return with her. Should I be worried about something for my just submitted 2023 tax returns?

 

Do I even have to renew her ITIN? It is not clear from the FAQ :(

 

To renew the ITIN can take months!

 

Will the IRS withhold my refund due to the expired ITIN number of my wife? I mean, in that case it would be NY state, because I have a refund from NY state. For federal I had to pay (no refund).

 

Thanks!

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1 Replies
Expert Alumni
Apr 13, 2024 10:26:59 AM

A return filed with an expired ITIN will be processed, however, certain tax credits and/or any claimed exemptions applicable to the expired ITIN will not be allowed. The taxpayer will receive a notice from the IRS explaining the change(s) made to their tax return and that the ITIN must be renewed.