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@IlikeRiceIguess wrote:
Sorry there was a mistake my spouse doesn’t pass the green card test but passes the substantial presence test.
Am I still able to use the HOH filing status by overriding the test?
Do you have a qualifying person as a dependent being claimed on your tax return? If not, you would not be eligible for HOH.
Yes I have two kids who I can claim as dependents
@IlikeRiceIguess wrote:
Yes I have two kids who I can claim as dependents
Since the personal exemption has been removed from the tax code you should have no problems filing for HOH with the dependent children, even if your NRA spouse passes both tests.
Thank you very much for the information.
I’m sorry in advance if I’m mistaken.
I was reading over the filing status on the IRS website and it said that if your spouse meets one of the two tests then they are considered a resident alien and can only file as Married filing separate or jointly. But since my spouse makes no income and I’m able claim dependents, I can still claim HOH?
From IRS Publication 501 - https://www.irs.gov/pub/irs-pdf/p501.pdf
Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you don't choose to treat your nonresident spouse as a resident alien. However, your spouse isn't a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as head of household.
The part that confuses me the most is “if your spouse was a nonresident alien at any time during the year and you don't choose to treat your nonresident spouse as a resident alien.”
Since my spouse passes one of the tests she’s considered a resident alien, but I can still treat her as a non-resident alien if I wanted to. Is this assumption correct or am I mistaken?
Your assumption is correct.
I know this is an old post but answering anyhow...In order to claim your spouse on the 1040 he/she must have a Social Security Number or an ITIN.
There are 3 ways to apply:
Where to apply? Option 1
Mail your W-7, tax return, proof of identity, and foreign status documents to:
Internal Revenue Service
Austin Service Center 78714 9342 (they actually removed the zip code)
ITIN Operation
P.O. Box 149342
Austin, TX [social security number removed]
(again they actually removed the zip code)
You will only file a tax return to the address above once, when you file Form W-7 to get an ITIN. In subsequent years, when you have an ITIN, you will file your tax return as directed in the form instructions.
If you will need your original documents for any purpose within 60 days of submitting your
ITIN application, you may wish to apply in person at an IRS Taxpayer Assistance Center or
CAA. You may also choose to submit certified copies of documents from the issuing agency
instead of original documents. Original documents you submit will be returned to you at the
mailing address shown on your Form W-7. You don’t need to provide a return envelope.
Applicants are permitted to include a prepaid Express Mail or courier envelope for faster return
delivery of their documents. The IRS will then return the documents in the envelope provided
by the applicant. If your original documents aren’t returned within 60 days, you can contact the
IRS.
Option 2
Apply for an ITIN in-person using the services of an IRS-authorized Certifying Acceptance Agent. This will prevent you from having to mail your proof of identity and foreign status documents.
Option 3
Make an appointment at a designated IRS Taxpayer Assistance Center. This will also prevent you from having to mail your proof of identity and foreign status document
After processing, the IRS will issue your ITIN through the mail.
I keep getting conflicting information. I was told if I am filing as married filing separate, then I can enter the number 666-66-6666 which is code for "NRA". I believe you would have to mail in your taxes for this option instead of e-filing. Is this true? Or does a NRA spouse living in another country require me a ITIN or SSN?
If your spouse does not have a SSN or ITIN, you cannot file a joint return. You can file your US tax return as Married Filing Separately, and just report your own income there. TurboTax can walk you through this process, and help you create the necessary Form 1040. If your spouse does not already have an ITIN number, or a Social Security Number, then this return would have be printed and paper filed. If your spouse has a valid ITIN or SSN, then the tax return would be eligible for e-filing.
If there is no ITIN or SSN, then in any place where the nonresident spouse's taxpayer ID number is required on a tax form, you would take a black or blue pen and manually write "nonresident alien" or abbreviate as "NRA." In the TurboTax software, you can input any "made up" SSN or ITIN you want to, in order get through the program (we suggest 999-88-9999, 999-88-9998 or 999-88-9987, as those numbers won’t produce any TurboTax program errors in a review check) as a temporary "placeholder.” You can then later "white out" that number when the paper pages are printed.
Hi @VictoriaD75
I have been reading all over TurboTax forums and IRS website that if spouse if NRA and I am RA, then I can consider my spouse as RA and file jointly. But you are saying: "If your spouse does not have a SSN or ITIN, you cannot file a joint return." Am I understanding it correctly or am I making some mistake?
I am confused. To file a married-joint tax return, you need ITIN of spouse as well. To get ITIN, you need a tax return. Chicken and egg problem. Could you please clarify?
Are you saying the following?
-- If spouse doesn't have SSN or ITIN: do your own taxes as "Married Filing Separately" and then use that tax return to get ITIN for spouse and then file spouse's tax returns.
Is this the only option?
Hi @VictoriaD75
I am a resident alien for tax purposes. My wife is a non-resident alien (no SSN, no ITIN).
Could you please clarify "If your spouse does not have a SSN or ITIN, you cannot file a joint return"?
Shouldn't we be able to file as "married filing joint" and then send that return to IRS to get ITIN for my wife?
Yes, you can file jointly, but you will need to print and mail. You have a couple of options.
Here is a link to a very detailed answer to a similar situation and here is even more information if you need it.
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