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    alexandrea5's Avatar
    alexandrea5 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 15, 2009, 05:24 PM
    Filing Taxes with Spouse without SSN
    Hi,

    My husband and I got married in August 2008. We filed with immigration in Dec 2008. It is now tax time; a tax id # still has not arrived for him.
    How in the heck do I file taxes?
    Should I file 'Single' and not as married? He is a dependent, but there is no tax id to report for him?

    Thanks

    Confused :o
    anthony_bu's Avatar
    anthony_bu Posts: 12, Reputation: 1
    New Member
     
    #2

    Feb 15, 2009, 10:38 PM

    Hi,

    First, you need to file as married.
    In short, just file a joint return regularly but leave your husband tax ID blank. File a W-7 form for him and send together with the rest of your paperwork. When IRS process your files, they will issue your husband an ITIN (tax ID) and apply to your files.

    Another thing is your spouse is never considered your dependent. You can claim exemption for yourself and your spouse, but not by filing him as dependent.

    Anthony Bu
    IRS VITA, SPEC area 3
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Feb 15, 2009, 11:19 PM
    Quote Originally Posted by alexandrea5 View Post
    Hi,

    My husband and I got married in August 2008. We filed with immigration in Dec 2008. It is now tax time; a tax id # still has not arrived for him.
    How in the heck do I file taxes?
    Should I file 'Single' and not as married? He is a dependent, but there is no tax id to report for him?
    Thanks
    Confused :o
    If you are a U.S. citizen or resident, you can only file as married filing jointly or married filing separately.
    If you file as married filing separately, you can claim exemption of your spouse only if she did not earn more than $0 in 2008.
    About tax id. Did you apply for SSN or ITIN? If you are a visa holder, then your visa and when did you enter the U.S.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Mar 5, 2009, 04:02 PM
    If you applied for a SSN, you must wait for the SSN.

    Do NOT apply for an ITIN, because the application will be cross-checked with the pending SSN applications and then be rejected for that reason.

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