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    Druxha's Avatar
    Druxha Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 28, 2011, 09:03 AM
    Expat/Foreign spouse filing problem
    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?
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
    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.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    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.
    taxesforaliens's Avatar
    taxesforaliens Posts: 649, Reputation: 117
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    #4

    Mar 16, 2011, 06:56 AM
    Comment on taxesforaliens's post
    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
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