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Level 3
posted Mar 24, 2024 8:58:21 AM

My husband and dependents who don't have an ITIN and SSN

I have an SSN and a 1099-NEC income. My husband and 2 children have been living with me since 2022, but they don't have an SSN/ITIN. I'm filing W7 forms for my husband and children along with my return. Can I file as an MFJ? Can I claim my 2 children? How to fill my husband's and dependents' SSNs when applying for ITINs? Can I send W7 forms online with my return or mail them?  Will I get a CTC or ODC and EITC if I file W7 forms for them? 

 

 

0 3 1597
3 Replies
Expert Alumni
Mar 24, 2024 9:23:41 AM

If you do not have a Social Security number or and Individual Taxpayer Identification Number (ITIN) for a spouse or dependent, you will need to get one or the other before you can file a tax return.

 

An Individual Taxpayer Identification Number, or ITIN is for taxpayers who do not qualify for a Social Security number. It is 9 digits long and looks like a Social Security number, except it always begins with the number 9.

 

ITINs are used exclusively for filing tax returns. They do not entitle the taxpayer to Social Security benefits, stimulus payments, or other benefits.

 

To apply for an ITIN, complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number. Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual.

 

A tax return accompanied by one or more W-7 forms cannot be submitted electronically. You can submit it in person at any IRS Taxpayer Assistance Center that performs in-person document reviews; most major cities have such assistance centers, and there is at least one center in every state.

 

You can also submit tax returns with W-7 forms by mail to:

 

Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

 

According to the IRS, it takes 6 to 10 weeks to obtain an ITIN. An ITIN will expire at the end of the current year if it is not used on a federal tax return in the last three years.

 

A dependent with an ITIN may qualify for a Credit for Other Dependent.  A dependent with an ITIN do not qualify for the Child Tax Credit or the Earned Income Tax Credit.

 

See also here.

Level 3
Mar 24, 2024 10:13:59 AM

Thank you for your reply. Filing for an ITIN takes 6 to 10 weeks, and I don't have enough time. Do you mean I can't file for W7 forms along with my return on paper?  

Expert Alumni
Mar 24, 2024 11:01:13 AM

Yes, you can file your Forms W7 along with your paper return.  

 

@zulaatax