E-file eligibility with IRC §6013(g) election when spouse already has SSN

[erictaur]

Based on this discussion:

How to File MFJ with a Non-Resident Alien Spouse

My understanding is that Form W-7 is only required if my spouse does not already have an SSN. Since my spouse already has a valid SSN, I believe we should be eligible to e-file our joint return.

However, I’m seeing conflicting signals in TurboTax:

• TurboTax generated a statement titled:
“Election to Treat Nonresident Alien Spouse as a Resident of the U.S. – IRC §6013(g)”

• When I check e-file eligibility, TurboTax shows this message:
“We won’t be able to e-file your return. You have elected to treat a nonresident alien spouse as a U.S. resident.”

This seems to contradict IRS guidance and my understanding that a joint return with a §6013(g) election is e-file eligible as long as the spouse has an SSN.

Questions:

1. Is the §6013(g) election itself a hard block to e-filing, even when the spouse already has an SSN?

2. Or is this a TurboTax limitation / warning that can be overridden or resolved?

3. Has anyone successfully e-filed a return with §6013(g) and an SSN-holding spouse?

Any clarification (especially with IRS or TurboTax references) would be appreciated.

[MaryK4]

This appears to be a TurboTax limitation- it makes the assumption that the nonresident spouse does not have a social security number.  

[erictaur]

Is this "limitation" new for TT 2025?

Doesn't seem like an issue last year:

How to File MFJ with a Non-Resident Alien Spouse

[DaveF1006]

To clarify, did you make this election last year, since you mention "it didn't seem like an issue last year"? If this is the case, you do not need to make the election again this year and attach the IRC §6013(g) election statement.

@erictaur

[erictaur]

This is the first year I am making this election. I am aware that comes with the 6013(g) election statement.

I mentioned "it didn't seem like an issue last year" because users from the previous year did not seem to run into the issue I am seeing right now.