Writing "non-resident alien" in place of SSN for foreign spouse on "married but filing separately" return -- can you really do this?

[BobB7]

If the spouse isn't in the USA and doesn't plan to be, he can't be forced to get a US taxpayer ID number.  But a married taxpayer in the US cannot legally file as "single".  If they file MFS you can't just skip the part where the spouse ID is required..  So NRA explains why it isn't being supplied.  How could a state require that a number exist?

[ftorre104]

I would like clarification on this as well.

@theklahy an exemption is a deduction off of your taxes -- the more exemptions, the less tax you pay. <a rel="nofollow" target="_blank" href="http://blog.turbotax.intuit.com/taxes-101/personal-income-tax-exemptions-explained-2143/">http://blo...>

When writing 'NRA' in place of a SSN/ITIN will the spouse's exemption still be honored? I've read other posts that mention they did not get the spouses exemption until they got and submitted their tax returns with an ITIN.

[bine22]

please post a new question with as much info as possible. This thread is  1 year old

[cfaprst]

If you are filing a joint return, the alien spouse must have a SSN/ITIN.   If you are filing as married filing separately, then the alien spouse does not need a SSN/ITIN, and you can put "NRA" in the space for the spouse's SSN.  

The difference is that, if filing as separate, you only report (and pay taxes on) the US citizen spouse's income, and get only one exemption.  If filing jointly, you must report and pay taxes on both spouses' incomes, but you get 2 exemptions.

[BobB7]

If you want to file a joint return and if the spouse gets a tax ID within 3 years then you can file an amended return with that information.

[Claudia-Parker]

Hello, I am so glad I found this thread I am working on my taxes as well and I am having the same problem! We choose to file married filling separate since my spouse is foreign. The problem is that turbo tax is still applying a second exemption including my spouse. and I do not know how to remove it. The only way possible is to change my filling status to single. But I cannot file that way cause I am legally married. What can I do in this case. Any help will be greatly appreciated. Please!!

[bine22]

Claudia, does your spouse have an ITIN? Does he live abroad?

[Claudia-Parker]

Hello Bine22. My spouse and I live currently in England, I moved here since august 2015. but I still own a condo back in the US is currently for sale at this time. So I am very confused how I should file my taxes. My spouse did lived with me for part of 2015 coming and going on a tourist visa but never worked or make any income while in the usa.

[jinamina2013]

So what if that foreign spouse lives in a different country they will not issue a TIN even when you file W7.

[patschang]

claudia, you can select "married filing separately" and print your return.  then write by hand "NRA" where your spouse's SSN goes.  then mail your return.

[Claudia-Parker]

Well I could that.... but I want to claim an exemption for my spouse and based on the publication I read on irs my spouse will need to apply for an itin number. also since I cant efile on my federal why cant I efile for my state? I already paid over 70 dollars basically for nothing this is such a nightmare...

[bine22]

the state would need the ITIN too for efiling. You re paying for the use of the software

[Claudia-Parker]

Alright then, so I have all forms ready to go I am mailing my 1040 with the itin application to the IRS and where do I send the form for the state taxes? how do I let them know my spouse is applying for an ITIN number? or how can I remove or delete getting  his exemption??

[ftorre104]

I filed my taxes this year by mailing in the paper forms. I put a temporary (fake) SSN in turbo tax, printed it out, white-out'd the temporary SSN, and wrote 'NRA spouse'. I did this for both federal and state forms. I filled out the ITIN request form and attached required documents. I mailed my state + full copy of federal (including ITIN request and additional documents) to my state tax office -- the final turbo tax print out tells you the address. My tax state is California. I sent in my federal return to the ITIN address in Austin. I already received my state tax refund -- I actually received it before we got the ITIN number! I'm still waiting on my federal refund.

[BobB7]

ftorre104:  Thank you for the encouraging feedback.