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    mungbeans's Avatar
    mungbeans Posts: 11, Reputation: 1
    New Member

    Mar 27, 2012, 07:03 PM
    Which box to tick on 1040NR for status (would tick 3 but spouse does't have an id)

    I'm filling in a 1040NR and am married and a resident of Canada but the instructions for boxes 3 and 4 say: "You cannot check the box on line 3 or line 4 if your spouse does not have an SSN or an ITIN. If your spouse is not eligible to apply for an SSN, he or she must apply for an ITIN."

    Those two lines seem a bit contradictory. My wife doesn't have an SSN or an ITIN so reading just the first instruction line means I shouldn't check boxes 3 or 4, end of story. But then why do they add the 2nd sentence which IMO confuses thing? My wife isn't eligible for an SSN (she's on a H4 therefore has no income) should I check box 3 and 4 and attach a W-7 to the 1040NR? These instructions are not clear IMO.

    If I should not check box 3 then what do I check? It says check only one box. But which one then?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,772, Reputation: 846
    Senior Tax Expert

    Apr 23, 2012, 08:51 AM
    Check box #3 and submit Form W-7 WITH the tax return to get her an ITIN.

    If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there if you cannot see it on this page.

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