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June 4, 2019
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My wife is a non-resident Alien Spouse without income in 2016, she is not in US last year, What is the best way to file my tax 2016?

  • June 4, 2019
  • 1 reply
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I filed separately thru turbotax, but after I read 1040 instruction, I found I can't claim an exemption for my spouse if she does not have SSN or ITIN. The turboTax does not allow me to do that when I choose "married".
Since She was not in US in 2016, I don't think I can apply an ITIN for her?
Best answer by DianeW777

In most cases it is better for a married couple to choose Married Filing Jointly filing status, even if one spouse had little or no income. This allows you the possibility of claiming several tax credits that are disallowed to Married Filing Separately filers. In addition, you benefit from the higher $12,600 Standard Deduction and both (your and your wife's) $4,050 Personal Exemptions.

If your wife is a non-resident alien, you may choose to take advantage of Married Filing Jointly status, but certain conditions apply. More detail can be obtained here: IRS Guidance on Filing with Nonresident Spouse.

Since your wife does not have a Social Security Number, she will need to request an Individual Taxpayer Identification Number (ITIN) using Form W-7. To apply, follow this link:  Application for IRS Individual Taxpayer Identification Number

You will have to file your completed tax return by mail, along with Form W-7, and include a written statement signed by both of you, declaring that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that she chooses to be treated as U.S. resident for the entire tax year.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

1 reply

DianeW777Answer
June 4, 2019

In most cases it is better for a married couple to choose Married Filing Jointly filing status, even if one spouse had little or no income. This allows you the possibility of claiming several tax credits that are disallowed to Married Filing Separately filers. In addition, you benefit from the higher $12,600 Standard Deduction and both (your and your wife's) $4,050 Personal Exemptions.

If your wife is a non-resident alien, you may choose to take advantage of Married Filing Jointly status, but certain conditions apply. More detail can be obtained here: IRS Guidance on Filing with Nonresident Spouse.

Since your wife does not have a Social Security Number, she will need to request an Individual Taxpayer Identification Number (ITIN) using Form W-7. To apply, follow this link:  Application for IRS Individual Taxpayer Identification Number

You will have to file your completed tax return by mail, along with Form W-7, and include a written statement signed by both of you, declaring that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that she chooses to be treated as U.S. resident for the entire tax year.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity and foreign status documents to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

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