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Level 1

Filing taxes with alien husband with no income

Hello,

 

I am trying to file my taxes for 2019. I got married in August of 2019! My husband came to the US in may of 2019, and we are both staying in the US. He has no worldwide income. I have 2 questions:

 

Should I file Jointly or Seperately? 

I am required to get an ITIN, how should I approach that with my husband having no income!

1 Best answer

Accepted Solutions
Level 12
Level 12

Filing taxes with alien husband with no income

@BreeAndFifi , assuming that you are US citizen/Resident ( Green Card ), you can file  Married  Filing Joint            ( MFJ ) -- this is the usually the most tax benign  status.

To do this  ( since  he does not have a tax id -- SSN/ITIN ),  (a) you prepare the return as MFJ,  and use a dummy SSN  for him -- this will satisfy the TUbroTax  and let you complete the return prep.;  (b) Do not e-file;   (c)  Print the return out, sign / date  -- both sign;  (c) snopake  out the dummy SSN used  form him and  hand print in NRA in its place;  (d) from the IRS web site download form W-7, fill it out for him  requesting and ITIN, collect and attach all the  required documents  asked for  by form W-7;  (e) put all this -- return, W-7 and attachments -- in an envelope  and mail by secure / traceable mail to the IRS.

This  will result in human intervention , delay issuance of refund but will allow IRS to issue ITIN        retroactively ( i.e. valid for 2019 filing ).

btw -- you should also add a request/letter signed by both of  you  asking for him to be treated as a resident for tax purposes for the year 2019 ( from the time  he enterd the USA )

Good luck

 

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1 Reply
Level 12
Level 12

Filing taxes with alien husband with no income

@BreeAndFifi , assuming that you are US citizen/Resident ( Green Card ), you can file  Married  Filing Joint            ( MFJ ) -- this is the usually the most tax benign  status.

To do this  ( since  he does not have a tax id -- SSN/ITIN ),  (a) you prepare the return as MFJ,  and use a dummy SSN  for him -- this will satisfy the TUbroTax  and let you complete the return prep.;  (b) Do not e-file;   (c)  Print the return out, sign / date  -- both sign;  (c) snopake  out the dummy SSN used  form him and  hand print in NRA in its place;  (d) from the IRS web site download form W-7, fill it out for him  requesting and ITIN, collect and attach all the  required documents  asked for  by form W-7;  (e) put all this -- return, W-7 and attachments -- in an envelope  and mail by secure / traceable mail to the IRS.

This  will result in human intervention , delay issuance of refund but will allow IRS to issue ITIN        retroactively ( i.e. valid for 2019 filing ).

btw -- you should also add a request/letter signed by both of  you  asking for him to be treated as a resident for tax purposes for the year 2019 ( from the time  he enterd the USA )

Good luck

 

Does this  help ?

View solution in original post

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