My wife is a national of another country and has no financial connection to the US, if I currently can not get her a ITIN due to a situation, and she has no social. How do I file? As Single? Or as married filing separately but leaving the ITIN part blank?
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If you are a US taxpayer (citizen or resident alien) married to a non-resident alien you have two choices.
You can file as married filing separately. You do not list your spouse as a dependent. Leave the spouse's SSN blank. You will be prevented from e-filing. Print your return, write "NRA" for the spouse's SSN, and mail in your return. Married filing separately has the highest tax rates and many deductions and credits are reduced or disallowed.
Or, you can elect to treat your spouse as a US resident for tax purposes. This means you can file as married filing jointly, which has lower rates and better deductions. But it means you must report and pay US tax on your spouse's worldwide income (subject to a deduction for foreign taxes that they paid). You still can't e-file, and you will have to use a fake SSN to get through the health care section (try 999-88-9999). Then print the tax return, use some white out to blank the fake SSN and write "applied for". Also download and print a form W-7 to apply for an ITIN (international tax ID number) for your spouse. Mail the tax return and the W-7 to the address in the W-7 instructions, not the normal tax return mailing address.
You can't file as single.
More info here,
https://www.irs.gov/publications/p519/index.html
https://www.irs.gov/uac/about-form-w7
Does anybody know how this works when you have to file a state return? I'm under assumption if what you do for the feds works, it works with the state as well.
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