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January 30, 2020
Question

My husband was deported what do I do about putting something in for the ssi number and occupation and I put the year he was deported but it say it can't be before 2019

  • January 30, 2020
  • 1 reply
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1 reply

LindaB1993
February 5, 2020

My recommendation is to file Married filing separately or Head of Household if you qualify.

 

Your marital status on Dec. 31 typically determines how you should file your federal income taxes. Married couples should file using the married filing jointly or married filing separately status. If you were married but your spouse was deported, you can still claim the married filing jointly filing status, but your spouse's inability to sign the return makes matters more difficult.

 

You can mail the tax return to your spouse requesting his signature before the tax due date or arrange for your spouse to sign Form 2848, which gives you power of attorney.

 

Because your spouse is not a citizen or resident alien of the United States, your spouse must have an individual taxpayer identification number to file income taxes. If your spouse did not obtain an ITIN before his deportation, you must include Form W-7 when you file your income taxes. An ITIN is a tax-processing number that the IRS uses to identify your spouse. If you obtain power of attorney before filing your taxes, you can complete and sign Form W-7 for your spouse.

 

The IRS allows you the right to treat your spouse as a resident or elect to file separately. If you file separately, you will not be able to claim an exemption for your spouse and the IRS disqualifies you for several tax credits. If you have dependents, however, such as children living at home, you can file using the head of household status, which grants you a higher standard deduction and qualifies you to receive tax credits that you normally cannot claim when you file separately.

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