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Is he eligible for an SSN?
If yes, wait to file until he gets it. If it will take longer than April 15, file a request for an extension.
If he is not eligible for an SSN, you can either
a. file as married filing separately, and he does not file (if he has no US income).
b. file as married filing jointly by applying for an ITIN, international tax ID number. You will have to file by mail (can't e-file), and you will mail the ITIN application and the tax return in one envelope to the address for the ITIN application.
Also note that one of the immigration questions is "did he pay income tax that he owed, even if he was not allowed to work". The IRS generally does not cooperate with DHS, they just want their money. If he has earned money in the US, even if not legally allowed to, it will be to your long term benefit for him to file a return and report it.
@Chillv123 wrote:
Yes he is waiting till may for his ssn and he worked too but as long as I disclose how much he made everything should be okay for him? Is he able to get a payment plan if he owes them the tax money? If so how do I do that? And how do I find out how much he owes them? Also how do I file an extension
To file an extension, there will be a tab on the Turbotax online screen by the end of February, it won't be there now. The extension just needs to be filed by April 15. That gives you until October 15 to file your completed tax return.
You can start preparing a return now to see how the numbers look. Your lowest tax will almost always be by filing "married filing jointly", meaning you both file one return that lists you as spouses, and includes all your combined income, credits, deductions and dependents. You can start preparing your return whenever you have your information. You may need to use a fake SSN for your spouse to start with. (Be sure to replace it with the real one when it is issued, before you actually file.)
If you owe taxes (remember this is a joint return so whatever you owe you will owe together), you can request a payment plan. Do this after you e-file the finished return. You can request a payment plan on the IRS web site (don't request a payment plan inside Turbotax if that is offered, because the application fees are higher). If you can pay the tax bill within about 4 months, it will probably just be better to pay as much as you can when you file and then make extra payments on your own until the tax is paid--the application fees for a payment plan may be more than the interest you would owe. If it will take more than 4 months, go ahead and request a payment plan.
When you get ready to file, you might be warned that you will owe a penalty for underpayment (for not having enough taxes withheld during the year, especially if your spouse was a self-employed contractor and did not make payments). It is better to tell turbotax NOT to calculate a penalty for you, and wait to see if the IRS bills you for a penalty. When you get the bill, you can request a one-time waiver of the penalty if this is your first time owing a penalty. (And just for reference, the penalty that might be assessed for not having enough tax withheld during 2025 is separate from the penalty you might be assessed for not paying in full when you file. You can try requesting a waiver for cause (such as -- he didn't know anything about taxes and we are trying to do the right thing now.)
MY SPOUSE LIVES ABROAD AND/OR DOES NOT HAVE A SSN
https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse
Is he eligible for an SSN?
If yes, wait to file until he gets it. If it will take longer than April 15, file a request for an extension.
If he is not eligible for an SSN, you can either
a. file as married filing separately, and he does not file (if he has no US income).
b. file as married filing jointly by applying for an ITIN, international tax ID number. You will have to file by mail (can't e-file), and you will mail the ITIN application and the tax return in one envelope to the address for the ITIN application.
Also note that one of the immigration questions is "did he pay income tax that he owed, even if he was not allowed to work". The IRS generally does not cooperate with DHS, they just want their money. If he has earned money in the US, even if not legally allowed to, it will be to your long term benefit for him to file a return and report it.
Yes he is waiting till may for his ssn and he worked too but as long as I disclose how much he made everything should be okay for him? Is he able to get a payment plan if he owes them the tax money? If so how do I do that? And how do I find out how much he owes them? Also how do I file an extension
@Chillv123 wrote:
Yes he is waiting till may for his ssn and he worked too but as long as I disclose how much he made everything should be okay for him? Is he able to get a payment plan if he owes them the tax money? If so how do I do that? And how do I find out how much he owes them? Also how do I file an extension
To file an extension, there will be a tab on the Turbotax online screen by the end of February, it won't be there now. The extension just needs to be filed by April 15. That gives you until October 15 to file your completed tax return.
You can start preparing a return now to see how the numbers look. Your lowest tax will almost always be by filing "married filing jointly", meaning you both file one return that lists you as spouses, and includes all your combined income, credits, deductions and dependents. You can start preparing your return whenever you have your information. You may need to use a fake SSN for your spouse to start with. (Be sure to replace it with the real one when it is issued, before you actually file.)
If you owe taxes (remember this is a joint return so whatever you owe you will owe together), you can request a payment plan. Do this after you e-file the finished return. You can request a payment plan on the IRS web site (don't request a payment plan inside Turbotax if that is offered, because the application fees are higher). If you can pay the tax bill within about 4 months, it will probably just be better to pay as much as you can when you file and then make extra payments on your own until the tax is paid--the application fees for a payment plan may be more than the interest you would owe. If it will take more than 4 months, go ahead and request a payment plan.
When you get ready to file, you might be warned that you will owe a penalty for underpayment (for not having enough taxes withheld during the year, especially if your spouse was a self-employed contractor and did not make payments). It is better to tell turbotax NOT to calculate a penalty for you, and wait to see if the IRS bills you for a penalty. When you get the bill, you can request a one-time waiver of the penalty if this is your first time owing a penalty. (And just for reference, the penalty that might be assessed for not having enough tax withheld during 2025 is separate from the penalty you might be assessed for not paying in full when you file. You can try requesting a waiver for cause (such as -- he didn't know anything about taxes and we are trying to do the right thing now.)
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