topic If you are a US citizen or resident alien and you are con... in Get your taxes done using TurboTax

Spouse is non-resident alien

dingbat-cho — Sat, 01 Jun 2019 04:40:22 GMT

I can't file my taxes as Married unless I can provide my husband's SS number. He doesn't have one because he is not yet a U.S. resident. How do I file without having that number?

how to efile state tax if husband is NRA?

shaimpee — Sat, 01 Jun 2019 04:40:25 GMT

how to efile state tax if husband is NRA?

shaimpee: You're posting in an old already-answered threa...

mesquitebean — Sat, 01 Jun 2019 04:40:26 GMT

shaimpee:
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If you are a US citizen or resident alien and you are con...

DS30 — Sat, 01 Jun 2019 04:40:27 GMT

If you are a US citizen or resident alien and you are considered married as of the end of the calendar year, you will only be able to file as either married filing separately or jointly. If you do not plan to include him on your tax return, you best choice is Option 2 (below).

Click here for more information about Claiming Non-Citizen Spouse and Children On Your Taxes.

To include your nonresident alien (NRA) spouse on your tax return, if your NRA spouse does not have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), you will need to apply for one. To apply for an ITIN, you would use Form W-7 and would need to attached your tax return to this form (see below). Please note, you will not qualify for the Earned Income Credit (EIC) without a valid Social Security number (not an ITIN) for yourself, your spouse (if filing jointly), and any qualifying children.

You have 3 main options for filing your income tax return:

Option 1 - Married Filing Jointly and you claim an exemption for your NRA spouse. Your NRA spouse will be treated as a US resident alien for US tax purposes and all of your spouse's worldwide income in USD will be subject to being taxable as a US citizen or resident alien.

Additionally, if you file as married filing jointly and your NRA spouse lives outside the US and meets the Bona Fide Residence Test or the Physical Presence Test, your NRA spouse might be able to claim an IRS - Foreign Earned Income Exclusion that would exclude a portion of your NRA spouse's foreign source earned income (up to $101,300 for 2016). TurboTax will guide you on taking the foreign earned income exclusion when you enter your NRA spouse's foreign source income under Federal Taxes> Wages and Income>I'll choose what I work on (or jump to full list)> Less Common Income (show more)> Foreign Earned Income and Exclusion. (Since you are in the US armed forced, your military pay is considered US-source income regardless of what country you are stationed in.)

The Internal Revenue Service has no official exchange rate. The IRS will normally accept any posted exchange rate that is used consistently. You can translate the foreign currency to U.S. dollars using the yearly average currency exchange rate for the tax year. In general, use the exchange rate prevailing (i.e., the spot rate) when you receive, pay or accrue the item.

Please refer to the following IRS links for more information about Foreign Currency and Currency Exchange Rates and Yearly Average Currency Exchange Rates

Please note : If you have foreign bank accounts, you may be required to file a Report of Foreign Bank and Financial Accounts (FBAR) if are a US citizen or resident and:

you had a financial interest in or signature authority over at least one financial account located outside of the United States; and
the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year reported.

To be directed to the US Treasury Government Website to prepare a Report of Foreign Bank and Financial Accounts, click FBAR (TurboTax does not support this form)

Here are some additional steps for filing married filing jointly if spouse needs an ITIN.

leave NRA spouse's SSN blank and print a paper copy of your tax return.
skip error check section if only error is missing SSN for spouse.
under the file tab, you will need to select "file by mail" and print a copy of your federal income tax return.
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 NRA spouse’s Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN). (You will need to apply for a ITIN if filing married filing separately and taking an exemption for NRA spouse and that NRA spouse does not have a SSN. (see option 3 below))
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 NRA spouse to get a certified copy of his/her passport 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 declaration statement, Form 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 for an ITIN 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.

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. Please contact your state for more information using the State Department of Revenue Contacts 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.

Option 2 - Married Filing Separately (includes head of household (HoH), if you have a "qualified relative"- see US citizens and Resident Aliens Abroad - Head of Household) and you are NOT taking an exemption for your NRA spouse.

leave NRA spouse's SSN blank.
hand-write "NRA" in all of the places on your tax return that require your NRA spouse's SSN (IRS - Married Filing Separately).
skip the error check section as long as your only error is missing spouse's SSN.
mail in your return (you will not be able to efile your tax return so choose "file by mail" in TurboTax).
mail to IRS address printed with your return.

Option 3 - Married Filing Separately (or HoH) and you claim an exemption for your NRA spouse (You can claim an exemption for your spouse only if your spouse had no US source income, isn't filing a US tax return, and isn't the dependent of another person other than yourself).

leave NRA spouse's SSN blank (if no SSN or ITIN).
Under the Personal Information section, choose the box for "NRA spouse" option and select all the questions on the next screen regarding your NRA spouse.
skip the error check section as long as your only error is missing spouse's SSN.
If your NRA spouse does not have a SSN or ITIN, under the file tab, you will need to select "file by mail" and print a copy of your federal income tax return.
apply for NRA spouse’s Individual Taxpayer Identification Number (ITIN) using Form W-7 (Click ITIN) (see above for information about filing a Form W-7 with your tax return.)
mail in your return with Form W-7 to the IRS address listed above.

Is this still accurate, given that "NRA" and blanks are n...

gweasley — Sat, 01 Jun 2019 04:40:29 GMT

Is this still accurate, given that "NRA" and blanks are no longer accepted?
"IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA", 205c", "applied for", "NRA",& blanks, etc."
Source: <a rel="nofollow" target="_blank" href="https://www.irs.gov/individuals/general-itin-information">https://www.irs.gov/individuals/general-itin-information</a>

gweasley: You may or may not get a comment in an old alre...

mesquitebean — Sat, 01 Jun 2019 04:40:29 GMT

gweasley:
You may or may not get a comment in an old already-answered thread that won't show up as needing help. It's less likely, but you never know.

If you don't get a response here, you can start your question at this link below so that it will show up to the whole forum as needing help. The first box is for a summary of your question and is limited to 170 characters. Lower on the page is another box with plenty of room for more details if needed.
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This is still accurate as the IRS instructions for form 1...

mmschroedercpa — Sat, 01 Jun 2019 04:40:30 GMT

This is still accurate as the IRS instructions for form 1040 (page 14) specifically say: Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA.”

Just to confirm- the only way to qualify to claim spousal...

benblathe — Sat, 01 Jun 2019 04:40:32 GMT

Just to confirm- the only way to qualify to claim spousal exemption (given 3 criteria are met) is to mail this in with a w7 application? So if we don't want to bother with an ITIN then I basically can't claim spousal exemption?

I would just like some clarification. So, is the above sa...

Anonymous — Sat, 01 Jun 2019 04:40:34 GMT

I would just like some clarification. So, is the above saying that if you do not have ITIN for your spouse, you cannot claim the personal exemption for him/her on your 1040 form? I have filed my return without a ITIN and putting NON RESIDENT ALIEN in the SSN field, but I claimed my spouse as an exemption. Is this incorrect??? Why does it matter if they have an ITIN or not?

@americanninja18 You are posting in an old already-answer...

mesquitebean — Sat, 01 Jun 2019 04:40:36 GMT

@americanninja18
You are posting in an old already-answered thread that won't show up as needing help. However, I'll see if I can request someone to respond here, who may be able to answer your question.

@TaxGuyBill Are you able to assist on the recent comment in this thread when you are next in the forum? Thanks!

@americanninja18 I'll comment on your 'main' question i...

TaxGuyBill — Sat, 01 Jun 2019 04:40:37 GMT

@americanninja18 I'll comment on your 'main' question in the forum:
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/4474083-am-i-not-allowed-to-claim-my-foreign-non-resident-alien-spouse-as-a-spouse-exemption-on-my-1040-form-if-she-does-not-have-an-itin-number">https://ttlc.intuit.com/questions/4474083-am-i-not-allowed-to-claim-my-foreign-non-resident-alien-spouse-as-a-spouse-exemption-on-my-1040-form-if-she-does-not-have-an-itin-number</a>

Thanks TaxGuyBill! I posted that question after I comment...

Anonymous — Sat, 01 Jun 2019 04:40:39 GMT

Thanks TaxGuyBill! I posted that question after I commented on here, as I thought as epo39b did, that this may not get enough visibility. Thanks Epo39b for the assist!

Re: If you are a US citizen or resident alien and you are con...

IlikeRiceIguess — Wed, 11 Mar 2020 22:22:01 GMT

For Option 2:

Do I need to write NRA spouse when filing for HOH?

Also, if my spouse is a NRA but passes both tests can I override that and keep her as a NRA?

Re: If you are a US citizen or resident alien and you are con...

DoninGA — Wed, 11 Mar 2020 22:25:05 GMT

@IlikeRiceIguess wrote:

For Option 2:

Do I need to write NRA spouse when filing for HOH?

Also, if my spouse is a NRA but passes both tests can I override that and keep her as a NRA?

If you are Head of Household there is no information concerning your spouse entered on the tax return.

Re: If you are a US citizen or resident alien and you are con...

IlikeRiceIguess — Wed, 11 Mar 2020 22:32:28 GMT

Sorry there was a mistake my spouse doesn’t pass the green card test but passes the substantial presence test.

Am I still able to use the HOH filing status by overriding the test?

Re: If you are a US citizen or resident alien and you are con...

DoninGA — Wed, 11 Mar 2020 22:33:54 GMT

@IlikeRiceIguess wrote:

Sorry there was a mistake my spouse doesn’t pass the green card test but passes the substantial presence test.

Am I still able to use the HOH filing status by overriding the test?

Do you have a qualifying person as a dependent being claimed on your tax return? If not, you would not be eligible for HOH.

Re: If you are a US citizen or resident alien and you are con...

IlikeRiceIguess — Wed, 11 Mar 2020 22:40:38 GMT

Yes I have two kids who I can claim as dependents

Re: If you are a US citizen or resident alien and you are con...

DoninGA — Wed, 11 Mar 2020 22:45:26 GMT

@IlikeRiceIguess wrote:

Yes I have two kids who I can claim as dependents

Since the personal exemption has been removed from the tax code you should have no problems filing for HOH with the dependent children, even if your NRA spouse passes both tests.

Re: If you are a US citizen or resident alien and you are con...

IlikeRiceIguess — Wed, 11 Mar 2020 22:46:57 GMT

Thank you very much for the information.

Re: If you are a US citizen or resident alien and you are con...

IlikeRiceIguess — Wed, 11 Mar 2020 23:50:52 GMT

I’m sorry in advance if I’m mistaken.

I was reading over the filing status on the IRS website and it said that if your spouse meets one of the two tests then they are considered a resident alien and can only file as Married filing separate or jointly. But since my spouse makes no income and I’m able claim dependents, I can still claim HOH?