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How you will handle this issue this year will depend on the filing status that you are using.
Here is some information about how to file when your spouse is a nonresident alien who does not currently have an ITIN (Individual Tax Identification Number.)
Married Filing Jointly with a nonresident alien spouse
If you choose this option, you will need to include ALL of your spouse's worldwide income on your tax return. This income will then be subject to US tax. However, you may be able to take credits for any taxes your spouse paid on the foreign income. To file jointly with your spouse, you will follow these steps:
You must apply for an ITIN to use the MFJ filing status.
Once you make the election to treat a nonresident alien as a resident for tax purposes, this election stays in effect until it is suspended or revoked. Also, it is a once in a lifetime election. Once revoked, the nonresident alien spouse cannot elect to be treated as a resident in the future, even if married to someone else.
Married Filing Separately with a nonresident alien spouse
If you do not elect to treat your spouse as a resident for tax purposes, you do not have to include her income on your return. However, you will have a lower standard deduction, and you may not be able to claim certain other tax benefits. To file using this status and apply for an ITIN, follow all of the same steps above except step 4, attaching the statement to make the election to be treated as a resident alien.
The IRS will process your return and issue an ITIN to your spouse. The ITIN is optional when filing separately, but having the ITIN will allow you to file electronically in the future.
If you elect not to apply for an ITIN, you will print the return with the errors and write"NRA" in the space for the social security number.
Learn more about this topic by clicking on this link: IRS information for nonresident alien spouses.
How you will handle this issue this year will depend on the filing status that you are using.
Here is some information about how to file when your spouse is a nonresident alien who does not currently have an ITIN (Individual Tax Identification Number.)
Married Filing Jointly with a nonresident alien spouse
If you choose this option, you will need to include ALL of your spouse's worldwide income on your tax return. This income will then be subject to US tax. However, you may be able to take credits for any taxes your spouse paid on the foreign income. To file jointly with your spouse, you will follow these steps:
You must apply for an ITIN to use the MFJ filing status.
Once you make the election to treat a nonresident alien as a resident for tax purposes, this election stays in effect until it is suspended or revoked. Also, it is a once in a lifetime election. Once revoked, the nonresident alien spouse cannot elect to be treated as a resident in the future, even if married to someone else.
Married Filing Separately with a nonresident alien spouse
If you do not elect to treat your spouse as a resident for tax purposes, you do not have to include her income on your return. However, you will have a lower standard deduction, and you may not be able to claim certain other tax benefits. To file using this status and apply for an ITIN, follow all of the same steps above except step 4, attaching the statement to make the election to be treated as a resident alien.
The IRS will process your return and issue an ITIN to your spouse. The ITIN is optional when filing separately, but having the ITIN will allow you to file electronically in the future.
If you elect not to apply for an ITIN, you will print the return with the errors and write"NRA" in the space for the social security number.
Learn more about this topic by clicking on this link: IRS information for nonresident alien spouses.
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