A very important point was made that I overlooked while providing printing instructions to you earlier for the filing of your return with Form W7. Due to the date of your arrival into the country, September 5 2016, you do not meet the substantial presence test set by the IRS. This test states that to file a Tax Return as a Resident you must be present in the United States for 31 days of the current year and 183 days during the 3 year period, which includes the current year. So in your case you were present in the U.S. for 112 days. The curveball is with the previous 2 years. You are only allowed to count 1/3 of the days for 2015 and 1/6 of the days for 2014 into the 183 days that you need. This also means that if you don't meet the 183 days by 2016 you 112 days now only count for 37.33 days.
If you do not meet the Substantial Presence Test you must file as a Dual Status Alien and I am afraid that TurboTax does not provide software to prepare such returns. SprinTax is a service partnered with TurboTax their program doesn't prepare the return for you but they do offer assistance for Dual Status Returns. Sprintax.com
[Edited 02/21/2017 3:51pm PST]
Yes, you may file by mail but TurboTax will not allow the return to be finalized and printed with blanks. In your case what you need to do is enter a Generic SSN such as 789-10-1112 and before you mail the Paper Return to the IRS you must white-out the Generic SSN. Below you will also find the FAQ link on how to Print your return to file by Mail.
- Fill out form IRS Form W7. For a fillable PDF of this form please click here: IRS Form W7 .
- If your spouse is a nonresident alien, you will need to attach a statement to your joint return, signed by both you and your spouse, but only for the first tax year in which this choice applies. It should contain the following information:
- a) 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.
b) The name, address, and identification number of each spouse.
3. Attach a copy of your Form W-7 (along with the necessary supporting documents) to your tax return. Supporting Documents must prove Foreign Status and Identity. Documents that provide simultaneously both include but are not limited to:
- Foreign Passport,
- USCIS Photo Identification,
- Visa Issued by U.S. Dept. of State,
- Foreign Military Identification Card,
- National Identification Card,
- Foreign Voter's Registration Card (if it contains a photograph).
**For a Complete list of Supporting Documents please Click here Instructions W7
4. Once you have completed form W7 and all required documentation, mail your tax return along with your declaration statement, Form W-7 and supporting documents to the IRS.
Since 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, you must 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
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State filing - You will want to file an extension for your state until you receive your ITIN. This is because the application for your ITIN is a federal filing. Most state will not process your return without either a SSN or an ITIN. (However some states will accept state filings with W-7 attachments. You will need to contact your state's Department of Revenue and ask if your state will accept a state tax return with a Form W-7 attached).
When the IRS assigns you an ITIN, update your returns (both federal and state) in TurboTax with this new information and then you should be able to e-file your state return.
Because many states give an automatic extension when you file the federal extension Form 4868, just file a federal extension even if you don't think you will need it for your federal tax return. But check with your state's Department of Revenue to make sure that your state doesn't have a separate state extension filing.
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