Yes, you can elect to file as married filing jointly and you can use TurboTax to prepare your jointly filed return.
If your nonresident alien spouse does not have an Individual Taxpayer Identification Number (ITIN), you
will file for her ITIN on form W-7 and file your tax return with this ITIN
filing. Also in order to include her
on your jointly filed tax return, please make sure that you attach a
declaratory statement attesting to this fact. Click here for more information
about Claiming Non-Citizen Spouse and Children On Your Taxes. By choosing to include your NRA spouse on your jointly filed
tax return, your NRA spouse
will be treated as a US resident alien for US tax purposes and all of your
spouse's worldwide income in USD will be subject to taxable as a US
citizen or resident alien.
Here are the steps
to include an ITIN (Form W-7) with your return:
- leave spouse's SSN blank and
print a paper copy of your tax return
- apply for NRA spouse’s
Individual Taxpayer Identification Number (ITIN) using Form
W-7 (Click ITIN)
- skip the error check section
as long as your only error is missing spouse's SSN
- mail in your return (you will
not be able to efile your tax return so choose "file by mail" in
TurboTax)
- attach a copy of your Form
W-7 (along with the necessary supporting documents) to your tax return
(For the supporting documents, one option is for your spouse to get a
certified copy of his/her passport which will need to be
included with your tax return filing). Click here for IRS
website ITIN - Frequently Asked
Questions
-
attach a statement, signed by both spouses, to your joint return for the
first tax year for which the choice applies (Nonresident Spouse Treated as
a Resident).
It should contain the following information:
- A declaration that one
spouse was a non-resident alien and the other spouse a U.S. citizen or
resident alien on the last day of your tax year, and that you choose to
be treated as U.S. residents for the entire tax year.
- The name, address, and
identification number of each spouse
- mail your tax return along
Form W-7 and supporting documents to the IRS. According to the IRS,
because you are filing your tax return as an attachment to your (ITIN) application, you should not
mail your return to the address listed in the Form 1040, 1040A or 1040EZ
instructions. Instead, send your return, Form W-7 and proof of identity
and foreign status documents to:
Internal Revenue Service
Austin Service Center
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342
You may also apply using the services of an IRS-authorized Acceptance Agent or visit some key IRS Taxpayer Assistance Center in lieu of mailing your
information to the IRS in Austin.
If you decide not to include your NRA spouse on your US income tax return -
When you are filing as married filing separately, this
is how to file.
If you
file a separate return, you generally report only your own income, exemptions,
credits, and deductions. You can claim an exemption for your nonresident alien
spouse only if your spouse had no US source income, isn't filing a US return,
and wasn't the dependent of another
person.
Enter
your spouse's full name and SSN or ITIN in the spaces provided. If your spouse
doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the
space for your spouse's SSN.
Here is how you enter this into TurboTax:
- select married filing
separately option in TurboTax under the personal info section.
- leave NRA spouse's SSN blank
- Under the personal info
section, select all the questions regarding your NRA spouse
- hand-write
"NRA" in all of the places on your tax return that require your
NRA spouse's SSN (IRS - Married Filing
Separately)
- Skip the error check as long
as the only error is for missing SSN for NRA spouse
- mail in your return (you will
not be able to efile your tax return so choose "file by mail" in
TurboTax)
- mail to IRS address printed
with your return
