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Where do I enter that my wife does not live in the USA with me?

 
11 Replies

Where do I enter that my wife does not live in the USA with me?

You do not enter on federal tax return where your spouse lives.

Is your spouse a US citizen or legal US resident or are they a nonresident alien? 

Where do I enter that my wife does not live in the USA with me?

that doesn't go on your tax return.

She and you as US citizens, have to report all your income wherever earned.

Where do I enter that my wife does not live in the USA with me?

I am a US citizen. She is citizen of Peru. Because she violated a tourist visa, she cannot enter the US at this time. She has a minimal income in Peru. 

Where do I enter that my wife does not live in the USA with me?

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately.  Where asked to enter the spouse's Social Security number enter 999-88-9999.  You can only print and mail your tax return, it cannot be e-filed.  When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online

Where do I enter that my wife does not live in the USA with me?


@mikekulhanek wrote:

I am a US citizen. She is citizen of Peru. Because she violated a tourist visa, she cannot enter the US at this time. She has a minimal income in Peru. 


Ok, not quite enough information.  Taxes are a bit different than immigration enforcement.

 

Your wife is a US resident (making her a US person for tax purposes) if she lived in the US for enough days to pass the substantial presence test, regardless of her immigration status.  The test is here.

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

You don't say when she left the US or how long she was here.  I assume you are preparing a late 2022 tax return, so let's assume we are talking about 2022.  If your wife passes the substantial presence test for 2022 then she is a US person for tax reasons.  She is required to report all her worldwide income and pay tax to the US.  If she also pays tax in Peru, she can claim a deduction or partial credit on her US tax return.  She will need an ITIN (international tax ID number).  You can either file a joint tax return (married filing jointly) or you can each file separately (married filing separately).   If you file jointly, you may pay less tax or get a larger refund, but she has to declare any income she had in Peru.  If you file separately, you may pay a higher tax rate,, and she is still required to declare all her worldwide income.

 

If she does not have an ITIN already, then you would prepare the tax return and print it out.  Both of you need to sign.  You also prepare a form W-7 ITIN application, which she needs to sign.  You mail the tax return and the ITIN application (along with any required documents) to a special office at the IRS and after they issue the ITIN, they will process the tax return.  You may need to use an express courier like Fedex to send the documents back and forth for signature, if the mail is not good enough and you won't be visiting her in person.

 

If she is not a US person for 2022 (does not pass the substantial presence test) then you have two options.

A. She is a non-resident alien.  She must only file a US tax return if she had income while living in the US, and she only reports her US income, not her world-wide income.  This would be a form 1040-NR.  Turbotax does not prepare form 1040-NR, you need to find another preparer or software company.  You file as married filing separately.  In the space for her social security or tax number, use 999-88-9999 as a temporary number.  Print the return, cover the temp number with white out, and write in "NRA".  Sign your return and mail it.  You can't e-file in this situation.

B. You choose to treat her as if she was a US resident for tax purposes.  File a joint return and apply for an ITIN as described above. 

 

----------

If she is not planning to return to the US ever, then she may be a dual-status alien for the tax year she left the country.  This is complicated and you should get professional help.

 

If she is planning to return to the US, you should know that one of the questions she will be asked when applying for a green card is, have you paid all the income taxes you owe for the time you lived in the US.

 

You may want professional help for the whole situation. 

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

Where do I enter that my wife does not live in the USA with me?


@DoninGA wrote:

If you are a US citizen or US resident and your spouse does not have a Social Security number or an ITIN and you are not applying for an ITIN with the tax return then you can only file your tax return as Married Filing Separately.  Where asked to enter the spouse's Social Security number enter 999-88-9999.  You can only print and mail your tax return, it cannot be e-filed.  When you print the tax return erase the Social Security number for your spouse and manually enter NRA for non-resident alien.

See this TurboTax support FAQ for the procedure to print and mail a tax return using the online editions - https://ttlc.intuit.com/questions/1944348-how-do-i-print-and-mail-my-return-in-turbotax-online


We have to be careful here because we don't know when the taxpayer's wife left the country, and the taxpayer may be preparing a late 2022 return.  She may have been a resident (substantial presence test) for 2022, especially if she overstayed her visa.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

Where do I enter that my wife does not live in the USA with me?

You will want to review publication 519, tax guide for aliens.

https://www.irs.gov/forms-pubs/about-publication-519

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

Where do I enter that my wife does not live in the USA with me?

She left the USA in 2016. She had and ITIN that is now expired. I filed a 2022 amended tax return  to be married filing jointly with a W-7 (to Austin, Tx) to have her ITIN renewed. 

Where do I enter that my wife does not live in the USA with me?


@mikekulhanek wrote:

She left the USA in 2016. She had and ITIN that is now expired. I filed a 2022 amended tax return  to be married filing jointly with a W-7 (to Austin, Tx) to have her ITIN renewed. 


That sounds correct.  As mentioned originally, there is no requirement that you declare on the tax return, where she physically lives.  (There is also no requirement to declare where you physically live.  The address you give on the tax return is for where you want to receive official mail.  It doesn't have to be the location where you live.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

Where do I enter that my wife does not live in the USA with me?

Many thanks to everyone contributing replies to my question. I have provided additional information in subsequent replies here. It seems that my wife not living in the USA at all might matter on the state of MD tax return in particular, I hope potentially lowering the state taxes. My residency is MD. Is there a way to indicate my wifes non state residency?  

Where do I enter that my wife does not live in the USA with me?


@mikekulhanek wrote:

Many thanks to everyone contributing replies to my question. I have provided additional information in subsequent replies here. It seems that my wife not living in the USA at all might matter on the state of MD tax return in particular, I hope potentially lowering the state taxes. My residency is MD. Is there a way to indicate my wifes non state residency?  


If you declare her a US resident for tax purposes and file a joint return, then she is probably also a resident of your home state for tax purposes.  

 

Maryland does allow you to file separately if your wife is domiciled someplace else.  See instructions 7 and 8 here.  Separate income like wages is separate.  Joint income like investments must be allocated.  Depending on how much joint income you have, your wife might be required to file a state non-resident return. 

https://www.marylandtaxes.gov/forms/current_forms/resident_booklet.pdf

 

Turbotax should implement this.  At the beginning of the state module, it should ask you state-specific questions that would include how do you want to file.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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