If you are a US taxpayer (citizen or resident alien) married to a non-resident alien you have two choices.
You can file as married filing separately. You do not list your spouse as a dependent. Leave the spouse's SSN blank. You can't e-file. Print your return, write "NRA" for the spouse's SSN, and mail in your return. Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed.
Or, you can make an election to treat your spouse as a US person for tax reasons, in which case you can file as married filing jointly. Treating your spouse as a US person means you must report and pay US income tax on their income from anywhere in the world (there is an offsetting credit for foreign taxes). You get lower tax rates and some other benefits by filing jointly, but the worldwide tax thing might cost you more than you save. Your spouse needs an ITIN (international tax ID number). If you have it, you can e-file the MFJ return. If your spouse does not yet have an ITIN, you can't e-file. You need to print your return and mail it to the IRS, along with a form W-7 ITIN application and any required proofs. You will need a fake SSN to get through the interview, try 999-88-9999. After printing the return, cover the fake SSN with white-out. Mail your return and form W-7 to the address in the W-7 instructions, not the usual address for your tax return.
What state? Fed allows it for some states, not for others, some states allow it but not all states do.
You cannot efile a MFS retuirn for a Community Property State.
I have no idea what a community property state is? I am a resident of Florida and I wish to file MFS but my wife is a NRA but can get a ITIN and an SSN. Am I still able to Efile as MFS?
Okay. But I can efile as MFJ if she has an SSN, correct? Just not MFS?
Can you further clarify on the last question. Many thanks. 🙂
You should be able to efile if your spouse has an SSN or ITIN. But why would she have an SSN if she is an NRA?
She was NRA for the relevant tax year and since has acquired permission to apply for an SSN & ITIN through the GC application process.
See this TurboTax support FAQ on the procedure to print a tax return for mailing when using the online editions - <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online">https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online</a>
If you are a US taxpayer (citizen or resident alien) married to a non-resident alien you have two choices.
You can file as married filing separately. You do not list your spouse as a dependent. Leave the spouse's SSN blank. You can't e-file. Print your return, write "NRA" for the spouse's SSN, and mail in your return. Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed.
Or, you can make an election to treat your spouse as a US person for tax reasons, in which case you can file as married filing jointly. Treating your spouse as a US person means you must report and pay US income tax on their income from anywhere in the world (there is an offsetting credit for foreign taxes). You get lower tax rates and some other benefits by filing jointly, but the worldwide tax thing might cost you more than you save. Your spouse needs an ITIN (international tax ID number). If you have it, you can e-file the MFJ return. If your spouse does not yet have an ITIN, you can't e-file. You need to print your return and mail it to the IRS, along with a form W-7 ITIN application and any required proofs. You will need a fake SSN to get through the interview, try 999-88-9999. After printing the return, cover the fake SSN with white-out. Mail your return and form W-7 to the address in the W-7 instructions, not the usual address for your tax return.
This is very concise, and exactly what I was looking for! Thank you kindly! 🙂
Perfect, that is the concise answer I was looking for. I was trying to do my taxes on H&R Block and the Form 8958 just kept preventing me from e-filing and no matter what changes I tried to make to that Form 8958, it kept throwing a vague error that never really showed what the problem was. I kind of wish it just came right out and said, "You cannot efile an MFS return for a Community Property State."