Non resident Alien spouse with ITIN living abroad in a restricted country (CUBA)

[elfredy91]

Hi,

Last year I filed by paper with help of a tax specialist because I am married to a non resident alien, we got her an ITIN number at the same time we summited the tax return and requested her to be treated as a resident alien. I have some questions for this year return which I want to file electronically via TurboTax Premier:
1) Is the ITIN supported in TurboTax? It asks for the SSN, can I type the ITIN of my wife?
2) Do we have to check somewhere that se is non resident alien treated as a resident? I cannot find anywhere to put that information in TurboTax.

3) She made working in Cuba (a restricted country) the equivalent of 200 USD or less, should I report this? Is it illegal to make money in a restricted country or it just cannot be excluded? Also there is a question that ask if the money was made in a restricted country, what are the consequences of reporting this. She was born there and we are waiting an inn-migration visa so is not like she want to violate the US law of making money in a restricted region.

thanks in advance and have a good day

[JeffreyR77 · Accepted solution]

You are able to file using the Married Filing Jointly filing status with your spouse's ITIN. 

TurboTax will accept the ITIN in lieu of the social security number and should accept it for efiling as well.

TurboTax can only be used by individuals electing to be treated as residents; it does not ask any questions about citizenship or nationality.

Your spouse's income can be added under Wages and Income, Less Common Income, Other Miscellaneous Income, Other Taxable Income:

Reporting the amount of income you have stated in this manner will not generate any questions that need to be answered regarding the geographic source. 

You are correct, income earned in Cuba cannot be excluded from US tax (USNB Guantanamo Bay is not considered to have been earned in Cuba).

[elfredy91]

thanks @JeffreyR77, I will follow your instruction, they were very helpful

Stay safe