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trettjohnson
New Member

I am married, but they are a foreign non-resident, who lives abroad with foreign income, and doesn't have a SSN or ITIN. Should I file single or married but separate?

Married but separate requires a SSN/ITIN still in turbotax also.
1 Reply
Opus 17
Level 15

I am married, but they are a foreign non-resident, who lives abroad with foreign income, and doesn't have a SSN or ITIN. Should I file single or married but separate?

You must file married if you are married.

If you file married filing separately, you can't e-file.  Print your return, write "NRA" in the space for the SSN (non resident alien) and mail your tax return.  If you can't even print without an SSN, use a fake one like 999-99-9999 and the use some white out before replacing it with NRA.

Or, you can elect to file a joint return with your spouse.  Joint filing has better tax rates but subject's your spouse's foreign income to US taxation, so this strategy is not for everyone.  You still can't e-file, you would print the tax return, and mail it to the IRS along with a completed form W-7 to apply for an ITIN. https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad-nonr...

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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