Filling Jointly or separate

[bamidoao]

Hello TurboTax

I am considered a resident for tax purpose. I am married but my wife is not in the US (has never been to the US) and does not have a US income. We are both foreign nationals. Should I file my taxes as married filing jointly or married filing separately?

Thanks

[DoninGA]

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately.  Where asked to enter the spouse's Social Security number enter 999-88-9999.  You can only print and mail your tax return, it cannot be e-filed.  When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

[bamidoao]

From your answer, I can deduce that as a US resident (for tax purpose) I can file as Married filing jointly if I apply for ITIN for my spouse. Can you give me more details how I can apply for the ITIN?

Thanks

[DoninGA]

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@bamidoao wrote:

From your answer, I can deduce that as a US resident (for tax purpose) I can file as Married filing jointly if I apply for ITIN for my spouse. Can you give me more details how I can apply for the ITIN?

Thanks

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If you decide to file your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident.  See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad page 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

[bamidoao]

Another question: For tax year 2022 (still ongoing), should I indicate Married filing jointly with my employer since I intend to apply for ITIN for my spouse with my 2021 tax return filing in a couple of weeks from today. Or can I only indicate Married filing jointly with my employer after I have received the ITIN?

Thanks

[DoninGA]

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@bamidoao wrote:

Another question: For tax year 2022 (still ongoing), should I indicate Married filing jointly with my employer since I intend to apply for ITIN for my spouse with my 2021 tax return filing in a couple of weeks from today. Or can I only indicate Married filing jointly with my employer after I have received the ITIN?

Thanks

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Personal opinion only - I would wait until you have received the ITIN before changing the W-4 with your employer

[bamidoao]

Thank you