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tax_inquirer
Returning Member

VA taxes: part year resident, married filing separately, spouse does not have SSN or ITIN

I am about to file taxes as a VA part year resident, with the option of married filing separately

 

My spouse does not have SSN and does not live in VA now or during the period where I worked in VA in 2021

 

I do have a SSN.

 

Questions:

 

  • Is it OK to not put anything as SSN for my spouse?
  • May I omit my spouse's name?

 

We don't want to apply for an ITIN

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5 Replies
Vanessa A
Expert Alumni

VA taxes: part year resident, married filing separately, spouse does not have SSN or ITIN

No, you cannot make up a social security number or ITIN for your spouse.  1. It will be rejected if it does not match the date of birth and name social security has on record 2. If you somehow did get one to go through, that would be technically be identity theft, even if it was not intentional. 

 

No, you cannot omit your spouses name.  You will need to print your return and mail it with a letter stating your spouse does not have a SSN or ITIN and was not a VA resident.

 

How are you filing the federal return?  If you are married, you would need to either file jointly or file as Married filing separately.  

 

When filing separately you need to include your spouses ITIN.  You will need to print and mail your return as the IRS will not accept the return electronically without your spouses ITIN.  When you print and mail your return you can include their name and a statement of the situation if filing separately.

 

If you are filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to

IRS

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

 

Whether you file jointly or separately, when you print and mail your return, it takes longer for the IRS to process the return.  Either way, you still have something they have to look at so you should expect your return processing to be delayed. It is impossible to tell you at this point which one will take longer. 

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tax_inquirer
Returning Member

VA taxes: part year resident, married filing separately, spouse does not have SSN or ITIN

Vanessa, thanks for replying

 


No, you cannot make up a social security number or ITIN for your spouse. 

In my question, I did not mention anything about making up either number.

 


mail it with a letter stating your spouse does not have a SSN or ITIN and was not a VA resident.

Is there any special Virginia form I could use for this? Or just a plain letter?

DMarkM1
Expert Alumni

VA taxes: part year resident, married filing separately, spouse does not have SSN or ITIN

I did not locate a specific VA form for this.  Just a plain letter will suffice.  The letter should note your spouse has neither an Individual Tax Identification Number nor a social security number and is a VA non-resident and was all tax year 2021.  You might also indicate he had no VA income and will not be filing in VA.   

 

  

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VA taxes: part year resident, married filing separately, spouse does not have SSN or ITIN

Does your spouse live in the US? Is that why you don't want to apply for an ITIN? 

 

My spouse lives in Mexico, so I filed a 6013g to treat my non resident alien spouse as a resident for tax purposes so that I could get the benefit of filing MFJ. My spouse has no income. 

 

I can't imagine any other reason that your spouse would not have an SS # or ITIN, but if you provide more information you might get an answer more specific to your circumstances.

 

 

tax_inquirer
Returning Member

VA taxes: part year resident, married filing separately, spouse does not have SSN or ITIN

Thanks everyone for your answers

 

I called the VA tax department and they said I could just file as single and then if I get an ITIN for my spouse, I could file an amended tax return (if still possible)

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