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Oversees Taxpayer Married Foreign spouse - no SS# for spouse


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#1 BulldogTom

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Posted 06 February 2012 - 08:51 PM

I think the answer is paper file, but I thought I would ask first.

Taxpayer has been oversees teaching for 2+ years. Recently married a foreigner while abroad. Needs to file his tax return. Spouse does not have SS#.

How do I file this thing?

Filing status is MFS
There is no income from the spouse. The taxpayer makes almost nothing and it is excluded anyway.
Have the spouse name - but she does not have a SS#.
Can't E-file if she has no ID number.

Am I going to have to fill out a W7 for her and mail the return in?

Thanks for any hint on how to make this less painful.

Tom
Lodi, CA

#2 Pacun

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Posted 06 February 2012 - 09:58 PM

File married filing jointly and send 1040 with W-7 to Texas.

#3 Kea

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Posted 06 February 2012 - 10:00 PM

Yes, you will have to paper file (unless someone has another solution). I have a client that lives in a foreign country and is married -- only because there is no divorce in that country. Hasn't seen wife in years & she never had any connection to US. No way & no reason to get ITIN for her.

In your case you may want to file W7 and get ITIN. Then you can e-file in the future. Filing status in the future may depend on advantages / disadvantages of adding spouse to tax return & if it makes sense to subject spouse's worldwide income to US taxes. When spouse has no income, MFJ is more advantageous.

#4 bertrans

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Posted 07 February 2012 - 09:46 AM

Be aware that if there are any possible credits to be claimed and such credits require that both TPs and the qualifying children have SSNs, then the credits will not be allowed.

#5 BulldogTom

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Posted 08 February 2012 - 08:54 PM

No credits, no issues like that (yet?). Just a kid who goes to a foreign country and decided to get married.





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