My foriegn Spouse Lives in Chile - Want to file Jointly, but need to first get ITIN

[cleatus232]

I want to file jointly with my spouse who lives in Chile.  He doesn't have an ITIN/or SSN.

(a few subquestions being asked):

1)When I file my taxes jointly and send them off, I also have to attach a separate page to the W-7 which includes their compensation they've made while working in Chile correct? Is there a particular format they have to use to document this?  Or what is the format in which they have to present this as?  Also,. since they have't been given a ITIN number yet (the request form is obviosly attached) do we just leave that section blank then?

2) Since they are obviosly not in the country, can I fill out and sign the W-7 on their behalf?

3) If I choose to get an extension to do this, how will my employer know how much money to take out of my paychecks since I am being given a 6 month extension to tell them?  Will they take the money out as if I filed single, and then I will be re-imbursed in the future once we have officially filed jointly?

[RobertB4444]

You can't file a joint return with a spouse who does not have an ITIN.  File an extension on your return which will get you six months extra to file and then file once your husband's ITIN arrives.

You should not sign anything on behalf of your spouse if you have time to get them to sign it.

You can change your with holding with your employer any time that you like - even if you are not filing as married-filing-joint yet.  Just fill out a new W4 and your employer will start taking less out of your paycheck.

[cleatus232]

Thank you for your response Robert.

Will I get the money back from the W7 once I can show my Spouse's Itin number?  Or how does that work if I have to file ane extension and cant file jointley yet on my W7?  Or is that money gone for good?

[cleatus232]

Also Robert, what is the process for getting my spouse a ITIN number?  Do I have to include the ITIN request form when I send off my taxes?  Do I also have to state his "Worldly Income" along with the ITIN request document?

[DawnC]

Yes, the ITIN request (W-7) is filed with your tax return.   And yes, he must include his 'Worldly Income' if you intend to file Married Filing Jointly.   The full instructions with the steps you need to take can be found in this Help Article - the first option - MFJ with a Nonresident NRA Spouse.   

How do you get an ITIN number for your spouse?  - IRS - ITIN request process options.