How can file my taxes married filling jointly or married separately when you partner do have ss#? What the best option to have more refund with kids?

[DoninGA · Accepted solution]

If you are legally married and your spouse does not have a Social Security number or an ITIN issued by the IRS then you will have to file as Married Filing Separately.  

See this TurboTax support FAQ for filing jointly versus separately - https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/better-married-couple-file-join...

Your spouse should apply for a SS number if eligible or apply for an ITIN through the IRS. 

Go to this IRS website for how to apply for an ITIN - https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

Go to this IRS website for a Form W-7 - https://www.irs.gov/forms-pubs/about-form-w-7

You can apply for an extension if the number will not be available before the 2024 tax return due date of April 15, 2025.  An extension will give you until October 15, 2025 to file a 2024 tax return.

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.

[Opus 17 · Accepted solution]

To get most tax benefits, your dependents must have a valid SSN before the deadline of your tax return.  That means April 15, or it means you get an extension, then you have until October 15 to get the SSNs and file a return.

However, if your kids have SSNs but your spouse does not, that does not affect your dependent tax credits.

Most of the time, filing jointly results in lower taxes. This is allowed even if one spouse doesn't work, and even if the spouse does not have an SSN.  If your spouse is eligible for an SSN, they should apply for it, and wait to file until they get it (even if it means filing an extension and waiting.). If your spouse is not eligible for an SSN, you can still file jointly, but you must file by mail, and include an application for an ITIN (international tax ID number.)