Ask Experts Questions for FREE Help !
Ask

Expat/Foreign spouse filing problem

Asked Feb 28, 2011, 08:03 AM — 3 Answers
I'm an US expat living in my husbands country, and my spouse is a non resident alien. I need to file unfiled tax years and I want to file married separately, but my spouse will not provide his ITIN. What should I do?

Search this Thread
Share |
3 Answers
taxesforaliens's Avatar
taxesforaliens Posts: 607, Reputation: 558
Senior Member
  
#2

Mar 14, 2011, 05:48 PM
If you file separately and your spouse does not have an ITIN, you can write "NRA" in the field for the SSN. If you want to claim an exemption for a non-resident alien spouse you need an ITIN.
Helpful  (1)
AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
Senior Tax Expert
  
#3

Mar 15, 2011, 01:25 PM


I disagree about the need for the ITIN on a MFS return.

I have successfully filed returns using the NRA option and HAVE claimed the spouse's exemption WITHOUT the ITIN.

Now, if they file JOINTLY, then FOR SURE an ITIN is required.
Helpful  (1)
taxesforaliens's Avatar
taxesforaliens Posts: 607, Reputation: 558
Senior Member
  
#4

Mar 16, 2011, 06:56 AM
Comment on taxesforaliens's post
Quote:
Originally Posted by taxesforaliens View Post
If you file separately and your spouse does not have an ITIN, you can write "NRA" in the field for the SSN. If you want to claim an exemption for a non-resident alien spouse you need an ITIN.
The IRS clearly states, that if you claim an exemption for a spouse, you need to have an ITIN (if you don't ave an SSN). There are always cases where you get away without, but you shouldn't be surprised if the exemption gets rejected without an ITIN.
Http://www.irs.gov/businesses/small/international/article/0,id=96696,00.html
Helpful
Not your question? Ask your question View similar questions
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting
 

Undo
Redo
  
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Filing you.S. Taxes: Foreign Income Exclusion AND Foreign Tax Credit? Etc. [ 0 Answers ]

Hello. I have a question about how to file U.S. Taxes in a way that will give me the most benefit in my situation. Here are the details: 1. I'm a U.S. Citizen, living in Japan. 2. I made less than the maximum allowed for the foreign income exclusion for each year I want to file. 3....

Filing status with a foreign spouse [ 2 Answers ]

My spouse is foreign and we both work and reside in a foreign country. I earn no income in the U.S. We were married this year and I am not sure what my filing status should be. My spouse does not want to apply for a SSN or Tax payer number as we have no intention to work or live in the U.S. Do his...

Foreign Spouse and Foreign child of US Citizen married for 1 month [ 4 Answers ]

I am a US Citizen. I married to a foreign woman (who also has a child) in late 2008. They are still overseas waiting for immigration papers to come here in year 2009. She does not have income overseas. Only I have income in USA. I do not have SSN for either Spouse or my Stepson. I have my own 2...

Filing taxes with foreign spouse [ 1 Answers ]

Hi, Which filing status may I use? We live in germany, I am a us-citizen, my wife is german. She has no income for 2008. I have foreign as well as usa income I would like to use filing jointly status (provides a greater standard deduction), but my wife has no SSN, which is required on the...

Married filing separately? Spouse is foreign [ 2 Answers ]

Hello, I was married on dec 28th 2006 to a french citizen in france, prior to that I was living in the us all year. He has never lived in the us and has only french income. What would be the quickest/easiest way for me to file? I've tried e-filing with turbo tax as married filing...

View more Taxes questions Search