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Spouse is nonresident alien living in US

If the taxpayer (TP) has an SSN but the spouse does not, how to override this in the software? Spouse is here on a spouse visa, doesn't have any income, but lives in the US  with TP. I see no way to do this in TurboTax as it keeps asking for spouse SSN, even though the TP answered the question that the spouse in "nonresident alien". Filing status for TP is MFS. Please tell me how to enter this in software so that TP can proceed with filing . Spouse cannot be a dependent, but the software keeps saying that he is.

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1 Reply
Vanessa A
Employee Tax Expert

Spouse is nonresident alien living in US

If you are being told that your spouse is a dependent, you may want to go back and delete him and then re-enter the information making sure you are listing him as your spouse. To delete, just click the trashcan next to his name.  You can try then typing NRA in as your spouses last name if you are MFS.  Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return.

 

Since your spouse has no income, you may find that you make out better if you are Married Filing Jointly. 

 

 If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, since they don't have any income, you would receive a larger standard deduction ($27,700 MFJ vs $13,850 MFS) If you choose 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

 

Married filing jointly versus separately

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