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@chathura-siriwardhana , having refreshed my memory about the US-Sri Lanka Double Taxation Treaty,
(a) you can file jointly with your wife, provided she ( and you ) agree to expose her world income to US taxation.
(b) To achieve this
1. Prepare your MFJ return in TurboTax using a dummy SSN for your wife. Include any income she may have had for the Tax year ( note since Sri Lanka tax year is different from a calendar year, you will have to allocate her appropriately i.e. earned from Jan 1st 2024 through 12/31/2024 for example ).
2. Once all the checks for the federal and the State are done, choose to file by mail.
3. Replace the dummy SSN for your spouse with " N R A ".
4. Now sign and date -- both of you
5. Download from the IRS site form W-7 and its instructions. Complete this form for your spouse, collect all the required documents ( originals and a copy).
6. Use the nearest US consulate or IRS authorized agents (for the purpose ) to certify the copies of the required documents. Your wife has to sign the W-7 application for ITIN.
7. Now add a letter signed / dated by both you and your spouse requesting that you both want her to be treated as resident ( for tax purposes for the tax year 2024 ).
8 Mail all the above documents to the IRS ( use the address for your locality ).
This should result in (A) IRS issuing retroactively valid ITIN for your wife and (B) accepting and processing your return as MFJ. Note that once approved as a Resident for Tax purposes, she is bound by it for all the following years. She can request to be relieved of this only once in her life ( absent any other events like becoming a citizen ).
Does this help ?
Is there more I can do for you ?
pk
@chathura-siriwardhana please tell me more about your own immigration/ tax status . Which country are you from ( Sri Lanka ? ) ? Is your spouse from the same country ? Does the spouse have any income in that country OR you are responsible for her upkeep ?
I will circle back once I hear from you
Hi, Thanks for looking into this. Yes, I'm from Sri Lanka and my spouse is from the same country (also my spouse lives there). My spouse does not have any income in that country.
@chathura-siriwardhana , Namaskaram
I will get back to you in an hour or so , after I have had a chance to check the treaty conditions.
Should I assume that you are a US person ( citizen/GreenCard / Resident for Tax purposes )? What is your immigration status if different from Tax status?
pk
Thank you again! Yes, I am US permanent resident
@chathura-siriwardhana , having refreshed my memory about the US-Sri Lanka Double Taxation Treaty,
(a) you can file jointly with your wife, provided she ( and you ) agree to expose her world income to US taxation.
(b) To achieve this
1. Prepare your MFJ return in TurboTax using a dummy SSN for your wife. Include any income she may have had for the Tax year ( note since Sri Lanka tax year is different from a calendar year, you will have to allocate her appropriately i.e. earned from Jan 1st 2024 through 12/31/2024 for example ).
2. Once all the checks for the federal and the State are done, choose to file by mail.
3. Replace the dummy SSN for your spouse with " N R A ".
4. Now sign and date -- both of you
5. Download from the IRS site form W-7 and its instructions. Complete this form for your spouse, collect all the required documents ( originals and a copy).
6. Use the nearest US consulate or IRS authorized agents (for the purpose ) to certify the copies of the required documents. Your wife has to sign the W-7 application for ITIN.
7. Now add a letter signed / dated by both you and your spouse requesting that you both want her to be treated as resident ( for tax purposes for the tax year 2024 ).
8 Mail all the above documents to the IRS ( use the address for your locality ).
This should result in (A) IRS issuing retroactively valid ITIN for your wife and (B) accepting and processing your return as MFJ. Note that once approved as a Resident for Tax purposes, she is bound by it for all the following years. She can request to be relieved of this only once in her life ( absent any other events like becoming a citizen ).
Does this help ?
Is there more I can do for you ?
pk
Hi Pk. Thank you so much for sharing this information with me. This is very helpful. I really appreciate the time you took to look into this matter for me.
@chathura-siriwardhana , since we are volunteers, we appreciate your either marking the response with "cheers " or "accepting" the answer ( which will close this thread ).
Of course if none of the above is true, please tell me what more I can do to earn this.
pk
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