Get your taxes done using TurboTax

DS30 · ‎June 5, 2019

If you are trying to a joint tax return with your spouse and children and they do not have ITIN/SSN, you can apply for an ITIN using W-7 and attach your federal tax return to this filing.

Since today is tax day, you will need to mail in your extension (Form 4868).

If you are currently applying for an SSN, write “SSN TO BE REQUESTED” on the tax form individual's Social Security Number is required. (This applies to filing an extension if applying for an ITIN with Form W-7. Just use ITIN TO BE REQUESTED" on extension form).

Here is a link to IRS for 4868. It includes the mailing address for filing your 4868:

https://www.irs.gov/pub/irs-pdf/f4868.pdf

You and your spouse will need to file a statement that you both want to be treated as US resident aliens for the entire year.

What this means is that you and your your spouse's worldwide income will be subject to taxes (in USD) by the United States for the entire year. Click here for more information about claiming a non-citizen spouse on your tax return

Here are the some additional steps you will need to file your return with a Nonresident Alien spouse and children:

file as married filing jointly
leave NRA spouse's and children's Social Security Numbers blank (when prompted to enter information into TurboTax)
when you are getting ready to file your return in TurboTax, skip past the error message section in TurboTax regarding the missing SSNs (but make sure that this is the only error message that you are getting)
under "file" tab, select that you want to "file by mail" (you will NOT be able to efile your tax return with a W-7 attached)
print a paper copy of your tax return to mail to IRS.

Additional instructions for declaration statement and ITIN filing:

attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies (Nonresident Spouse Treated as a Resident). It should contain the following information:

A declaration that one spouse was a non-resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
The name, address, and identification number of each spouse.

apply for an Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN) for each person needing an ITIN
attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return (For the supporting documents, one option is for your spouse and children to get a certified copy of their passports which will need to be included with your tax return filing) Click here for IRS website ITIN - Frequently Asked Questions
mail your tax return along with your attached W-7 and supporting documents to the IRS. According to the IRS, because you are filing your tax return as an attachment to your (ITIN) application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

     Internal Revenue Service
     Austin Service Center
     ITIN Operation
     P.O. Box 149342
     Austin, TX 78714-9342

You may also apply using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your information to the IRS in Austin

Additional information about some credits that are available:

An ITIN filer cannot claim the Earned Income Tax Credit which specifically requires a social security number. Similarly, any children using an ITIN instead of a SSN cannot be taken into account when an otherwise qualified individual claims the credit.

This limitation does not apply to the Child Tax Credit or the Additional Child Tax Credit. So ITIN filers cannot claim the EITC, but they can claim the CTC or the ACTC. However, there are still requirements that must be met. To claim these credits, your child (or children) must:

Live in your home for over half the year (limited exceptions to this rule apply)
Be your child, stepchild, adopted child, or foster child, or your brother or sister or stepsibling (or a descendant of any of these)
Be under 17 years old at the close of the year
Not provide over half of his or her own support for the year, and
Be a U.S. citizen or resident

State filing - You will want to file an extension for your state until you receive your ITIN. This is because the application for your ITIN is a federal filing. Most state will not process your return without either a SSN or an ITIN. (However some states will accept state filings with W-7 attachments. You will need to contact your state's Department of Revenue and ask if your state will accept a state tax return with a Form W-7 attached).

When the IRS assigns you an ITIN, update your returns (both federal and state) in TurboTax with this new information and then you should be able to e-file your state return.

Because many states give an automatic extension when you file the federal extension Form 4868, just file a federal extension even if you don't think you will need it for your federal tax return. But check with your state's Department of Revenue to make sure that your state doesn't have a separate state extension filing. Here is a link to all state's DoR: (to expand answer, select see entire answer)

https://ttlc.intuit.com/replies/3302452