Question

Taxpayer citizen married to non-resident/non-citizen

Forum|Forum|2 years ago
April 8, 2024
2 replies
0 views

Taxpayer's spouse is a nonresident alien. IRS 1040 instructions say neither a SS# nor an ITIN are required and to use "NRA" instead. Turbo Tax won't let me do so. It says that to file the return for the taxpayer (with married, filing separately status) and a spouse without either a SS# or an ITIN#, we'll have to print the return and mail it in. Is there a way to file electronically without the NRA spouse having to get a SS# or an ITIN#?

V

Vanessa A

If they do not have an SSN or ITIN and you choose to file Married Filing Separate ,you can try typing NRA in as your spouses last name. Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for her SSN.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

P

pk12_2

Employee

@columbusTP , agreeing with my colleague @Vanessa A , I am left wondering as to what you are trying to achieve. I say this because Married Filing Joint ( MFJ) is generally more tax beneficial then MFS ( Married Filing Separately).

To file MFJ, you need the ITIN ( i.e. a tax id ) for the NRA spouse , which does require a file-by-mail. You just prepare the return as if the NRA spouse had a Tax ID -- use dummy SSN like 567-64-5000. When you are finished , choose to file by mail. Replace the dummy SSN with " NRA" and sign, date (both spouses ) and mail in. Along with this you include an application for ITIN ( form W-7) and all the documents required. IRS will issue retroactively an ITIN for the NRA spouse..

This works well if the NRA spouse is in the USA and not earning.

If you are both abroad, and the NRA spouse works / earns then both spouses can request the NRA spouse to be treated as a resident -- this does mean the NRA spouse's world income is taxed by the US. But this income is also eligible for foreign earned income exclusion. Generally though NRA spouse should request SSN by virtue of marriage, whether the family lives abroad or in the USA.

Does this make sense ?

Is there more I can do for you ?

C

columbusTPAuthor

Thank you. TP and new NRA spouse live abroad. TP has filed single for a number of years and b/c of the foreign income exclusion has never had to pay US income tax, and won't this year either, even filing MFS. At this time there doesn't seem to be any reason to get the new NRA spouse into the US/IRS system. We tried using an obviously fictional ss# for NRA spouse to file electronically, but the IRS rejected the return. Turbo Tax, as far as I can tell, will not let us efile without NRA spouse having either an ITIN or SS#. So, we filed by mail and wrote in on the return NRA for the spouse, as the 1040 instructions say to do. Turbo Tax should allow that too. Next year, if the situation is the same, we may not use Turbo Tax.

V

Vanessa A

At this point, you can e-file with a NRA spouse when filing separately.

If they do not have an SSN or ITIN and you choose to file Married Filing Separate ,you can try typing NRA in as your spouses last name. Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for their SSN.

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"