**Tax Year 2018 or earlier** How to enter the alimony deduction if I have a foreign ex-spouse without an SSN or ITIN?

[grammaticus]

I saw a couple questions on here about getting the alimony tax credit while having an ex-spouse who is a foreigner. I am sort of clueless on what exactly I need to do in the SSN box when the foreign ex-spouse has no SSN or ITIN.

Some have said that the ex-spouse has to get the ITIN. But, if they are living in a foreign country why would they do that? There is actually no point because it's an extra headache to do that - especially if there is no intrinsic benefit.

So the question is, what can I do if I've sent them the W8? Can I still use turbotax and enter nothing in the SSN or does this have to be manually done and I have to send in a W8?

[bine22]

in addition, you might have to withhold taxes on that alimony, unless there is a tax treaty in place allowing no withholding. <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/p515.pdf">https://www.irs.gov/pub/irs-pdf/p515.pdf</a>

[bine22]

Not so sure, that the ITIN application for your ex would be attached to your return, ince she is not listed as tax payer or spouse on that return. Your spouse would need to file a return for that alimony and apply for an ITIN with her own return.

[ToddL]

Which, by the way would be a pretty good motivation for the ex to apply for an ITIN - that would be the only way to get a refund of the withheld alimony.

[bine22]

exactly

[CarolC]

Your ex-spouse must obtain an ITIN or your alimony deduction may be disallowed and you may have to pay a $50 penalty.

Your former spouse will complete Form W-7, Application for IRS Individual Taxpayer Identification Number.

You can file your tax return and apply for your former spouse's ITIN at the same time.  To do so, you will mail your tax return to the IRS and you attach your ex-spouses completed Form W-7 to your return.  You will enter Applied For in the Social Security Number fields for your ex-spouse when completing your tax return.

See this TurboTax article What is Form W-7: Application for IRS Individual Taxpayer Identification Number for more information.