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My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

 
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Accepted Solutions
LeeM
New Member

My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

First, you would be required to withhold taxes on the alimony you paid your ex (unless there is a tax treaty in place regarding alimony). She would have to file a return to get those taxes bank and apply for an ITIN. You would then use the ITIN on your return.

If you don't have an ITIN/SSN for her now, you would have to file on paper or file an extension until you get her ITIN.

From the IRS instructions at the link here:https://www.irs.gov/individuals/international-taxpayers/federal-income-tax-withholding-and-reporting...

Alimony

U.S. source alimony paid to a nonresident alien former spouse is reportable for any amount in excess of zero. Withhold at 30% or lesser tax treaty rate, if applicable (See Table 1 in IRS Publication 515 or 901). The beneficial owner of the income may claim the benefit of the tax treaty article which deals with "Alimony" (sometimes contained within another treaty article, or sometimes available by using the "Other Income" article of a tax treaty). The beneficial owner may claim the lesser tax treaty rate by filing Form W-8BEN with the withholding agent. The withholding agent will report the payment on Forms 1042 and 1042-S, even if the entire amount is exempt under a tax treaty.

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5 Replies
LeeM
New Member

My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

First, you would be required to withhold taxes on the alimony you paid your ex (unless there is a tax treaty in place regarding alimony). She would have to file a return to get those taxes bank and apply for an ITIN. You would then use the ITIN on your return.

If you don't have an ITIN/SSN for her now, you would have to file on paper or file an extension until you get her ITIN.

From the IRS instructions at the link here:https://www.irs.gov/individuals/international-taxpayers/federal-income-tax-withholding-and-reporting...

Alimony

U.S. source alimony paid to a nonresident alien former spouse is reportable for any amount in excess of zero. Withhold at 30% or lesser tax treaty rate, if applicable (See Table 1 in IRS Publication 515 or 901). The beneficial owner of the income may claim the benefit of the tax treaty article which deals with "Alimony" (sometimes contained within another treaty article, or sometimes available by using the "Other Income" article of a tax treaty). The beneficial owner may claim the lesser tax treaty rate by filing Form W-8BEN with the withholding agent. The withholding agent will report the payment on Forms 1042 and 1042-S, even if the entire amount is exempt under a tax treaty.

My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

Thanks...I called my ex wife and she states she does have a SSN. Can I use that even though she pays no US taxes ( is not a US Citizen) and has not lived in the States since 2011
LeeM
New Member

My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

Absolutely. That is exactly what you need. You should be able to review your return and file now. Let me know if you have any questions.

My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

TTLeeM, if you copy someone elses answer word for word, please give proper credit

My exwife is a german citizen, but I still pay her alimony. She and I both live in Germany (I am a US Federal Employee). Turbo Tax asks for her SSN. Will not let me efile

@adam.j.fick by using her SSN, you will be informing the IRS that she has income subject to US taxation.  They may not be able to force her to pay, but they will certainly remember if she ever comes to the states.  All US citizens are supposed to pay US income tax no matter where in the world they live.
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