I am a military member living abroad with my spouse who is a NRA. She has not made any taxable income in the US. She does not have a SSN or ITIN. Can we file jointly?

pauljpetrie — Sat, 01 Jun 2019 04:48:42 GMT

My wife pays taxes abroad. She does not have a greencard, visa, SSN, or ITIN. Do I have to file married separate or file jointly?

Yes, you can file jointly. Just be aware that she will ne...

DS30 — Sat, 01 Jun 2019 04:48:43 GMT

Yes, you can file jointly. Just be aware that she will need to report any worldwide income in USD on your jointly filed tax return.

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.

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. (Your military pay is considered US-sourced income so your military pay will not be eligible for the foreign earned income exclusion. However, any non-military pay earned outside the USA may be eligible, if you also meet the foreign earned income exclusion requirements.)

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.
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.
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).

State filing -
If you’re in the military, your resident state is your state of legal residency (SLR). Your SLR is usually your home of record – the state recorded by the military as your home when you joined the military.

Since she is not covered under MSRRA, she will not be able to claim your state of legal residency (SLR) as her state of residence. (Your SLR is usually your home of record – the state recorded by the military as your home when you joined the military.) In this case, you will need to file your state return as married filing separately.

You would still be able to file your federal income taxes jointly but you would file your state income taxes as married filing separately.

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topic I am a military member living abroad with my spouse who is a NRA. She has not made any taxable income in the US. She does not have a SSN or ITIN. Can we file jointly? in Get your taxes done using TurboTax

I am a military member living abroad with my spouse who is a NRA. She has not made any taxable income in the US. She does not have a SSN or ITIN. Can we file jointly?

Yes, you can file jointly. Just be aware that she will ne...