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February 8, 2024
Question

Nonresident spouse, election to file joint return

  • February 8, 2024
  • 1 reply
  • 0 views

Are there any examples of the letter/statement for making the choice?

What is the identification number of each spouse? SSN, ITIN, Passport #?

 

Nonresident spouse does not have SSN/ITIN and will apply for one during filing. What identification number should be used in the choice statement?

 

Thanks

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https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

 

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

  1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

1 reply

AmyC
Employee
February 8, 2024

Keep it very simple!

Get a piece of paper  

Print your name, address,  and social security number

Print spouse name, address, information

space on paper

Then something simple like, "We declare that on the last day ......" following #1 listed above.

Both sign the return.

 

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FormW2Author
February 8, 2024

Nonresident spouse has no SSN or ITIN yet. Should it be left blank on the statement?

February 8, 2024

You can just enter NRA for their SSN or ITIN since they do not have one yet. 

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