topic Re: Non resident alien in Get your taxes done using TurboTax

Non resident alien

hal5166 — Fri, 24 Jan 2025 03:17:31 GMT

I am US citizen married to a non resident alien not living in US. I want to apply for an ITIN for my wife sonothing when I send W7 along with tax return what filing status do I use. I contribute to more than half of her support.

Re: Non resident alien

pk — Fri, 24 Jan 2025 05:04:47 GMT

@hal5166 ,

(a) which country is your wife from ? Is that where she is now ? Does she have any income / wages in that country ?

(b) Are you in that country or in the US now ?

( d) How did you file your return last year ?

I will circle back once I hear from you

Re: Non resident alien

hal5166 — Fri, 24 Jan 2025 05:35:35 GMT

Mexico

Yes

Approx 6000 US conversion

I am in Mexico

Married Approx 2.5 years

Married filing separately listing her as NRA NON RESIDENT ALIEN

Re: Non resident alien

pk — Fri, 24 Jan 2025 18:08:56 GMT

@hal5166 , given your circumstances ,

(a) you can file as MFJ ( Married Filing Joint ). All you have to do:

1. file a Form W-7 requesting an ITIN IN for your spouse. To keep TurboTax happy, you have to prepare the return using a dummy SSN -- MFJ ; choose to file by mail; Print Sign Date -- both; Replace dummy SSN with " N R A " ; Fill out the form W-7 and attach all required documents ( copies can be certified at US consulate / IRS etc. ) Then mail the whole thing to the IRS.

2. Then attach a statement signed by both you and your spouse, stating that she wants to be treated as a resident. -- sign and date -- bot.

3. Since you are both working and earning in Mexico, both your foreign incomes can be excluded from US taxes by using Foreign Earned Income Exclusion -- pay taxes ONLY to Mexico. However, you have to decide whether the SECA taxes ( 15.3% of net income, equivalent to FICA for wage earners in the US ) should be paid to which country -- pay to ONE -- US or MX.

If you need more help feel welcome to add to this thread or PM

Is there more I can do for you ?

Re: Non resident alien

hal5166 — Fri, 24 Jan 2025 19:20:08 GMT

I am retired as of 03/24 and paid my taxes to US and no longer earning collecting Social Security.

We have filed for residency for her awaiting approval

She is paying taxes monthly in Mexico.

Anything else?

Thanks for all of your help

Re: Non resident alien

pk — Fri, 24 Jan 2025 20:05:34 GMT

@hal5166 , based on your answers, I think and in general my answer earlier is still valid i.e. file MFJ, claim her as a resident for tax purposes with ITIN, exclude her income from US taxes using FEIE ( Foreign Earned Income Exclusion ). Advantage of this would be your MFJ standard deduction ( if needed to lower your US tax liability ).

BTW -- where in Mexico are you located ( Ajijic, Chapala, San Miguel OR ? ) ? My wife was/is from Acatic ( 40 miles from Guadalajara ) and I plan to spend more time there ( as she is buried there ).

Is there more I can do for you ?

Re: Non resident alien

hal5166 — Sat, 25 Jan 2025 22:34:20 GMT

We live in Rosarito Baja California.

At the moment thanks you have been great!

Sorry for your loss.

Re: Non resident alien

pk — Sun, 26 Jan 2025 19:51:45 GMT

@hal5166 thank you sir!

Please consider adding to this thread or PM, if I can help you more.