Mom arrived in USA on green card in late 2024 and dad passed away in early 2024 while in India, do I need to get an ITIN for my dad to file my mom's tax return?

[jineshmshah]

My mom arrived in USA on a green card in late 2024 after my dad (status: Indian citizen) passed away in early 2024 (while in India). I am trying to help file my mom's tax return for 2024, Turbo Tax is asking me to apply for an ITIN for my late dad (even if I select the option of Married Filing Separately). Is this the only way that my mom can file her tax returns? My dad never had a green card, do we really need to apply for an ITIN for him? Thanks!

[pk · Accepted solution]

@jineshmshah , 

(a) what date did your mother arrive in USA  ?   Her GreenCard date is  what ?

(b) Did she have any US sourced income  after arriving in the USA ?

(c) How many days did she spend in the USA during 2022,2023 and in 2024 ( prior  to the GreenCard date ) ?

 (d) Does  she have a SSN ?  or it is in the process ?

 Please answer my Qs.  -- I will circle back once I hear from you .

Generally , if she is filing as a widow, I do not see why  you need an ITIN for your departed father ( and you cannot get one anyways ) -- ITINs are only for purpose of joint filing or recognizing a dependent.

If your answers  are not of general interest , then you cam PM me with the answers  ( just NO PII -- Personally Identifiable Information ).

pk

[jineshmshah]

Thanks @pk for your guidance with this!