Married to foreign citizen, no social security number

[martin42483]

How can I continue to file as newly married if it is requiring a social security number for my spouse and they are a foreign citizen?

[Opus 17]

If your spouse is a non-resident alien, you will generally file using "married filing separately."  You can't e-file without the SSN or ITIN, so print your return and mail it in and write "NRA" in the space for their tax number. 

If your spouse is a resident alien, you can file separately or jointly.  If separately, print your return and write in "NRA". If filing jointly, print your return, leave the space for their SSN blank, and attach a W-7 form to your return to request an ITIN, and mail them in together.  

If your spouse is a non-resident alien, you have the option to declare them a resident alien for tax purposes.  This means you can file jointly, which has lower tax rates and better deductions than married filing separately.  But it also means you must report and pay tax on your spouse's world-wide income (subject to a credit for foreign taxes paid.) If your spouse has low or no income this may save you money, but if they have high income it may cost you more in taxes.  See the links below for more information.

https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens

https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

https://www.irs.gov/pub/irs-pdf/fw7.pdf

[Cdco]

That information is helpful, thank you.  However, I would like to see TurboTax make provision for the condition where the taxpayer has a non-resident alien spouse without a social security number and enable the return to be e-filed!  It seems to me that this would not a big programming problem for the developers.  I've noted this concern to TurboTax several times but it never gets taken care of.

[Critter]

This is not a Turbotax limitation ... it is an IRS rule so you will never be able to efile with NRA in the spouse's SS# area.  

[leifeliassen]

I agree with Cdco because I've run into the exact same issue!