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Jars
Level 1

Applying for an ITIN on behalf of my non-resident alien spouse

I'm a permanent resident living in the US. I married this year outside of the US and my wife is non-resident alien. 

She has not been to the US yet.  Can I apply for an ITIN on behalf of my wife, since I wanted to file for taxes as Married Jointly.

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Applying for an ITIN on behalf of my non-resident alien spouse

Technically, your wife must apply, you can't apply for her.  She must sign the form, and you must include whatever original identity documents are required (passport, etc.) (they will be returned to you).  (In some cases, a certified copy provided by the government agency that issued the original document will also be acceptable.)

 

Because you need to attach the application to your tax return and mail everything in, you will need to obtain original signatures and documents from your spouse somehow, either when you next visit your home country, or via International express mail of some kind. 

 

 

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3 Replies

Applying for an ITIN on behalf of my non-resident alien spouse

If you are filing your tax return as Married Filing Jointly you must apply for an ITIN with the tax return and you would need to be providing a statement with your tax return that you want your Nonresident Alien Spouse Treated as a Resident.  See IRS Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad pages 6 and 7 - https://www.irs.gov/pub/irs-pdf/p54.pdf

 

Go to this IRS website for ITIN information - https://www.irs.gov/individuals/international-taxpayers/general-itin-information

 

In the TT program ... when asked for the spouse's ITIN enter in 999 - 88- 9999 as a filler then on the printed form you will sign and mail in,  black out the fake number.  The IRS will fill it in once the ITIN is issued.

 

How do I file with a W-7?

TurboTax doesn't include Form W-7, so you'll have to download it directly from the IRS, fill it in, and print it out (see these IRS instructions for help with that).

Then, complete your return as you normally would. Leave the applicant's Social Security Number field blank, and disregard any warnings about the empty field or missing health care info for the applicant.

When your return is finished, go to the File section and follow the steps to print a paper copy of your return, as you won't be able to e-file with a missing SSN.

Bring your printed, signed return (along with any attachments per the filing instructions, such as W-2s or 1099s), the completed W-7, proof of identity, and foreign status documents to your acceptance agent or an IRS Taxpayer Assistance Center.

Alternatively, you can mail everything to:

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

See also General ITIN Information at IRS.gov.

Applying for an ITIN on behalf of my non-resident alien spouse

Technically, your wife must apply, you can't apply for her.  She must sign the form, and you must include whatever original identity documents are required (passport, etc.) (they will be returned to you).  (In some cases, a certified copy provided by the government agency that issued the original document will also be acceptable.)

 

Because you need to attach the application to your tax return and mail everything in, you will need to obtain original signatures and documents from your spouse somehow, either when you next visit your home country, or via International express mail of some kind. 

 

 

Applying for an ITIN on behalf of my non-resident alien spouse

Technically you attach the paper return TO the W-7  and mail it to the W-7 processing address.  Do NOT do it the other way around as it will not be processed timely if at all.  

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