Based on this discussion:
How to File MFJ with a Non-Resident Alien Spouse
My understanding is that Form W-7 is only required if my spouse does not already have an SSN. Since my spouse already has a valid SSN, I believe we should be eligible to e-file our joint return.
However, I’m seeing conflicting signals in TurboTax:
• TurboTax generated a statement titled:
“Election to Treat Nonresident Alien Spouse as a Resident of the U.S. – IRC §6013(g)”
• When I check e-file eligibility, TurboTax shows this message:
“We won’t be able to e-file your return. You have elected to treat a nonresident alien spouse as a U.S. resident.”
This seems to contradict IRS guidance and my understanding that a joint return with a §6013(g) election is e-file eligible as long as the spouse has an SSN.
Questions:
Is the §6013(g) election itself a hard block to e-filing, even when the spouse already has an SSN?
Or is this a TurboTax limitation / warning that can be overridden or resolved?
Has anyone successfully e-filed a return with §6013(g) and an SSN-holding spouse?
Any clarification (especially with IRS or TurboTax references) would be appreciated.
