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Tax filing in case of spouse in India

PN05 — Wed, 29 Jan 2025 01:21:02 GMT

My spouse is in India and has never visited US yet. Should i file as married filing separately or as single?

Re: Tax filing in case of spouse in India

DoninGA — Wed, 29 Jan 2025 01:29:50 GMT

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately. Where asked to enter the spouse's Social Security number enter 999-88-9999. You can only print and mail your tax return, it cannot be e-filed. When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

If you decide to file your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident. See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad page 9 - https://www.irs.gov/pub/irs-pdf/p54.pdf

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

Re: Tax filing in case of spouse in India

DavidD66 — Wed, 29 Jan 2025 01:32:38 GMT

If you are married, you cannot file as Single. Since you were married on December 31 you have to file as MFJ or MFS. As a US Citizen or a Resident Alien, you have two choices in filing your taxes.

Option 1

Treat your spouse as resident alien for tax purposes. If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes. To do this follow these steps.

Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.
List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse. If your spouse has a social security number you will use it. If not, you will need to apply for a number using Form SS-5. If your spouse is not eligible to apply for a Social Security number, complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf). This form will be attached to your tax return. Turbo Tax does not support the Form W-7. You can complete it outside of Turbo Tax. You will have to print, sign and mail your return in if you are using Form W-7.
For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.

Option 2

Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse’s non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.

https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

If everyone on the tax return has a social security number or ITIN, you should mail your return to the address listed in the 1040 instructions. Tax returns with a Form W-7 should be mailed to the Austin TX address.

A tax return accompanied by one or more W-7 forms cannot be submitted electronically. You can submit it in person at any IRS Taxpayer Assistance Center that performs in-person document reviews; most major cities have such assistance centers, and there is at least one center in every state.

You can also submit tax returns with W-7 forms by mail to:

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

According to the IRS, it takes 6 to 10 weeks to obtain an ITIN. An ITIN will expire at the end of the year if it is not used on a federal tax return in the last 3 years

Re: Tax filing in case of spouse in India

PN05 — Wed, 29 Jan 2025 02:11:31 GMT

I am a non-resident alien. Still can I file MFS or should I file as single?

Re: Tax filing in case of spouse in India

SabrinaD2 — Wed, 29 Jan 2025 02:45:37 GMT

If your spouse is in India and has never visited the U.S., you normally should file as Married Filing Separately (MFS) because you are legally married. Alternatively, you can choose to file as Married Filing Jointly (MFJ) by electing to treat your spouse as a resident alien for tax purposes. This would require your spouse to obtain an ITIN (Individual Taxpayer Identification Number) using Form W-7, and you must report worldwide income for both spouses.

Information Links.

Filing Status Requirements - on the right column, click on filing status.
Publication 519 - U.S. Tax Guide for Aliens
Form W-7 - Apply for ITIN