My husband is currently waiting for his SSN. How should I file if it asks for a social. Can I send it in with a blank space by mail?

[DoninGA]

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately.  Where asked to enter the spouse's Social Security number enter 999-88-9999.  You can only print and mail your tax return, it cannot be e-filed.  When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

[anglada130]

I got married last year and my husband came in to the US with a fiancé visa or Visa K. He hasn't worked and is waiting for his permit to be able to work and his change of status. I want to know If I am able to file a joint return or do I have to file Separately? Since my husband doesn't have a Social Security number Or ITIN. I would also like to know if he is eligible to apply for an ITIN and if we could file a joint return. Can you please give me options of what I can do. Thanks.

[DaveF1006]

According to this link written by a Turbo Tax Expert, you have two options to file.

You have two choices in filing your taxes. Choice 1 seems like the best choice in this instance. Either way, you will need to mail in your return since he doesn't have a Social security Number or an ITIN.

Choice 1

• Treat your spouse as a resident alien for tax purposes.   If you do this, you will need to include your spouse's worldwide income in your US tax return and it will be subject to US taxes.  

To do this follow these steps.

   1. Attach a statement to your tax return, signed by both spouses, that states that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as US residents for the tax year.

   2. List the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse.  You will need to complete a Form W-7, Application for IRS Individual Taxpayer Identification Number (ITIN) (http://www.irs.gov/pub/irs-pdf/fw7.pdf).  This form will be attached to your tax return.  Turbo Tax does not support the Form W-7.  You can complete it outside of Turbo Tax.  You will have to print, sign and mail your return in if you are using Form W-7.

   3. For the first year you make the choice, you have to file a joint return. In later years you can file joint or separate returns. Married Filing Jointly will give you a higher standard deduction and has other benefits that are not available using a married filing separately status, but you do have to include your spouse’s worldwide income in joint income.

Choice 2

• Treat your spouse as a nonresident alien for tax purposes. You will not have to include your spouse's non-US income on your U.S. tax return. You will have to use the filing status of Married Filing Separately.

   1.  If you file as Married Filing Separately AND your spouse has no income from sources within the US AND is not claimed as a dependent of another US taxpayer, you CAN claim an exemption for your husband. You will need either a social security number or an ITIN for your husband to claim the exemption.

[anglada130]

Thanks for your answer. I am opting for filing jointly. Do I need to send the W-7 form with both my Federal and state return? Or do I send it fist with the federal and once I have My Husbands ITIN I can submit my state return? How does this work? please help!

[MaryM428]

You will need to mail the federal with the W7 and wait until you receive the ITIN before you file the state.  To make sure that your rights are protected and that you are not late, you should also file an extension for your federal and state taxes.

If everything gets done on time and you get your ITIN, then you can file the state taxes when you get the ITIN.  But if the IRS is late with the ITIN, the extension will protect you from being late with the state filing.

To file the federal extension go to the IRS Form 4868, fill in the form, print and mail it.

To file a state extension, you will need to find your state income tax website and follow their directins to file an extension for your state.