ACS41 Posted February 5, 2008 Report Share Posted February 5, 2008 My client is a US citizen, her husband is not. She has a W2 and he does not work. Do I file MFJ or MFS? He does not have a tax ID #. Thank you. Quote Link to comment Share on other sites More sharing options...
taxtrio Posted February 5, 2008 Report Share Posted February 5, 2008 My client is a US citizen, her husband is not. She has a W2 and he does not work. Do I file MFJ or MFS? He does not have a tax ID #. Thank you. I had a client similar situation last year. Filed them MFJ, but without SS# or ITIN# had to mail. Completed the form applying for ITIN (W-7?) if memory serves me. Read instructions for w-7, they specify address to mail w-7 with return and documentation required. It took about 6-8 weeks and they got a letter saying the ITIN was issued and that the return was filed and was being processed. Now client has ITIN in hand, no problem filing this years return (except no EIC allowed with ITIN)... Might as well bite the bullet and get it done, if you don't help them now, it will be same problem next year. P.S. If I had filed client MFS last year he would have owed. MFJ at least they had a refund. Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 5, 2008 Report Share Posted February 5, 2008 File regular 1040 MFJ and attach W-7 with his passport and send it to Austin, TX. If you prefer, you can make a notarized copy of their passport. Hold on to state filing until you get the ITIN from IRS. If you send the passport, in one month he will get his passport back, a week later, he will get his number 3 weeks later they will get the refund, if any. Quote Link to comment Share on other sites More sharing options...
ACS41 Posted February 7, 2008 Author Report Share Posted February 7, 2008 Thank you for your help. I hope he is here legally. In South Florida, you never know. Quote Link to comment Share on other sites More sharing options...
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