ITIN for a Foreign Non-USA Based Spouse Married to a USA Citizen?
1040 Federal tax return with MFJ – Married Filing Jointly Status – ITIN for foreign spouse married in 2023 tax year.
As experienced IRS, Approved Certified Acceptance Agent (C.A.A.), and US personal tax preparers/Consultants, we come across these questions all the time.
1) What should be my filing status on the 1040 if I’m applying for an ITIN for my spouse?
The IRS will reject ITIN for MFS status as there have been no tax exemption benefits with MFS status since the 2018 tax year; this will be the same way until the 2025 tax year. So strictly, if you are applying for ITIN for your foreign spouse, the filing status on your 1040 tax return should be MFJ – Married Filing Jointly.
2) Do I need to wait to get the ITIN for my spouse and then E-file, or can I not E-file as I do not have the ITIN for my spouse?
USA taxpayers cannot file electronically via turbo tax or any US tax software without a Valid ITIN for their spouse. For the year when the ITIN application is in process, the 1040 tax return with MFJ status filing along with Form W7 will be sent to the IRS ITIN Operation office via Postal filing ONLY
Note: Only Federal tax returns will need to be filed with Form W7 to the IRS ITIN operation office. For the state tax return, you need to hold the filing until the ITIN is approved, and later you can e-file or postal-file the state tax return.
For information on where to send the ITIN application post, please refer to this blog on where to send it.
For more FAQs related to ITIN for spouses, please refer to our earlier blog on this topic.
When your 1040 tax return is ready with MFJ status and you need an ITIN application with passport certification for your foreign spouse, our team can assist with ITIN application completion and help to mail the 1040 tax return to the IRS along with the ITIN application.
If you are in the process of getting an ITIN for your foreign spouse and need assistance. Our team can assist. We are one of the IRS-approved Certified Acceptance Agents (CAA) with many years of experience dealing with the ITIN office.
Please visit our website for FAQs related to ITIN and US Tax Assistance.
If you are looking for ITIN, EIN, or US tax return expert service, we can help!
Our team specializes in international expatriate U.S. personal tax return services. If you need assistance with ITIN Renewal/US 1040 filing for refund claim/FATCA Compliance work/FBAR FINCEN114 Filing, ITIN/ Form W7 Application/E.I.N./Form W8BENE or Certified Acceptance Agents [C.A.A.] services/1040NR U.S. tax filing for refund claim of excess 1042S / 8288A/ 8805/ W2/ 1099. We are happy to assist our clients in a timely, efficient, and cost-effective way.
