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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...
AlimonyU.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.
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...
AlimonyU.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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