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Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

I (have a valid SSN thru work authorization) had filed my 2019 taxes by snail-mail as “married filing jointly”. My spouse did not have an SSN number so we had to apply for ITIN number and we snail-mailed our tax return last week with certified documents from IRS authorized certified ITIN agent , W7 form and our federal tax return.

 

But today we found out my spouse s work authorization was approved and we also received her SSN card by mail. I am now pretty certain our ITIN application (My spouse cannot have an SSN and ITIN I believe) will be denied 6-7 weeks from now citing my spouse now has valid SSN. I also think IRS would most likely change out my filing status  to “married filing single ” rather than “ married filing jointly” which would result in a lower refund.

 

What can I do at this point ? Do I have to wait for the IRS ITIN denial before I try to file an amended tax return by snail-mail again? Can I go ahead and e-file my taxes now ( taking advantage that my pending mailed application will still take 6 weeks to even be looked at) that we both have SSN but that would mean duplication?  I was thinking this would be faster way to ensure a refund and my snail- mailed request would eventually been denied.

 

I am unable to reach IRS helpline since they are  in a shutdown due to covid19. Is there anyway I can pull out my tax return and ITIN application that I snail-mailed? Please offer some assistance.

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7 Replies
KarenJ2
Expert Alumni

Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

They will let you still file married filing jointly.   Unfortunately, you need to wait until the original return is processed before you amend the return.  However, you will need to notify the IRS that your wife received a SSN.  I asked a colleague who worked for the IRS for many years and this is his comment:

 

I've always thought it was just a bad idea to send in an amended return while first one hasn't finished processing; I worked in submission processing for many years and amended returns would come in -- multiple sometimes, for the same tax year -- and it would take forever for the TP to get everything sorted out correctly.  Even if a detailed letter was attached to the amended, might not be seen, or detached in the mail room, things can just go wrong....

 

 

What do I do when I am assigned a social security number (SSN)?

 

Once you receive a SSN, you must use that number for tax purposes and discontinue using your ITIN.  It is improper to use both the ITIN and the SSN assigned to the same person to file tax returns.  It is your responsibility to notify the IRS so we can combine all of your tax records under one identification number.  If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld which could reduce the amount of any refund due.  You can visit a local IRS office or write a letter explaining that you have now been assigned a SSN and want your tax records combined.  Include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available.  The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN.  Send your letter to: 

 

     Internal Revenue Service 
     Austin, TX 73301-0057 

 

IRS Additional ITIN Information

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Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

Thanks for the detailed response Karen really appreciate it. As per your suggestion I will wait to hear back from the IRS and not e-file now with my snail-mail packet still pending.


However can I proactively send IRS a letter now letting them know that my spouse has a ssn number and that the pending ITIN request can be ignored. Will this help in anyway? Or does this letter also have to wait?

 

I understand there is a possibility they will give me my refund based “married filing jointly” status while they also reject the ITIN request for my spouse; but I would still like to amend my federal return to reflect my spouse’s ssn. I hope I have interpreted your suggestion correctly. Thanks again for all you help!

JohnB5677
Expert Alumni

Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

I'm sure everyone in the IRS is busy, but I have had more luck with the local IRS offices.

 

To find a Local Office:     Local IRS Offices

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Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

Thanks John I did try calling the locals IRS office looks they are accepting not any appointments or calls currently, I just hear their recording Teagarden game temporary shutdown due to covid-19 I don’t think can visit them without an appointment.

SForrestLO
Intuit Alumni

Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

@Gimli135790

You can contact your local IRS office to see if they are scheduling appointments. 

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Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

Sorry @SForrestLO I had a typo in my previous post I have updated it now. When I try calling the local IRS office I don’t actually get to talk to a real person just a recording saying they are temporarily closed and point me to the IRS website.

SForrestLO
Intuit Alumni

Filed married jointly requesting ITIN for spouse, but meanwhile spouse s SSN got approved; what options do I have now that I have snail- mailed tax packet pending action from IRS

@Gimli135790 

No problem. They maybe closed due to Covid19. Unfortunately, you will have to wait for them to reopen. 

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