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  • ITIN for Spouse in China

    I am trying to file my 2016 tax returns electronically with TurboTax. Even though I am filing separately and not claiming any ta
    x benefits for my wife, they require an ITIN for her, even though she is a Chinese citizen. When I went to fill out the W-7 form requesting an ITIN for her, I found that it must be filled out manually and mailed to the USA (I guess). Does anybody know how I can get an ITIN for her in China, perhaps at a consulate, and in a reasonable amount of time?

  • #2
    If you are doing Married Filing Separately, you do not need an ITIN for her. When filing the paper form, the instructions say to simply write "NRA" in that space. I am not sure how exactly to do it in TurboTax in this case, but I am sure they have some procedure.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      If you are doing Married Filing Separately, you do not need an ITIN for her. When filing the paper form, the instructions say to simply write "NRA" in that space. I am not sure how exactly to do it in TurboTax in this case, but I am sure they have some procedure.
      Thanks. I think I was able to do it once before, but it sounds like the IRS has tightened up the requirements. Anyway, I'll try it.

      Comment


      • #4
        Originally posted by syzygy View Post
        Thanks. I think I was able to do it once before, but it sounds like the IRS has tightened up the requirements. Anyway, I'll try it.
        There have been no changes with IRS. If you read the Form 1040 instructions, on page 13, it only says that a nonresident alien spouse needs to have an SSN or ITIN if you are filing jointly, or filing separately and you are claiming an exemption for your spouse, or filing separately and your spouse is filing a separate return. If none of those apply, she doesn't need an SSN or ITIN (though it would probably be beneficial tax-wise to file jointly; but that's another discussion). On page 14, it says if you are filing Married Filing Separately, and your spouse doesn't have and isn't required to have an SSN or ITIN, enter "NRA".

        The issue is with how to enter it in TurboTax.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          There have been no changes with IRS. If you read the Form 1040 instructions, on page 13, it only says that a nonresident alien spouse needs to have an SSN or ITIN if you are filing jointly, or filing separately and you are claiming an exemption for your spouse, or filing separately and your spouse is filing a separate return. If none of those apply, she doesn't need an SSN or ITIN (though it would probably be beneficial tax-wise to file jointly; but that's another discussion). On page 14, it says if you are filing Married Filing Separately, and your spouse doesn't have and isn't required to have an SSN or ITIN, enter "NRA".

          The issue is with how to enter it in TurboTax.
          Thanks. That is the issue. Perhaps I can use another electronic filing service that doesn't require an ITIN. Or I can do it by hand and mail it to the USA. I've run into some other issues which may delay my filing anyway. BTW, if I do mail my returns to America, anybody have suggestions how best to do it? Can you do it via the US Embassy/consulates? Or use FedEx, etc.? I assume using the Chinese Post Office is a bad idea.

          Comment


          • #6
            Originally posted by newacct View Post
            There have been no changes with IRS. If you read the Form 1040 instructions, on page 13, it only says that a nonresident alien spouse needs to have an SSN or ITIN if you are filing jointly, or filing separately and you are claiming an exemption for your spouse, or filing separately and your spouse is filing a separate return. If none of those apply, she doesn't need an SSN or ITIN (though it would probably be beneficial tax-wise to file jointly; but that's another discussion). On page 14, it says if you are filing Married Filing Separately, and your spouse doesn't have and isn't required to have an SSN or ITIN, enter "NRA".

            The issue is with how to enter it in TurboTax.
            Thanks for the link. I clicked on it and was reminded that the IRS offers a free electronic filing service. I'll take a look at it and see if I can get by without an ITIN.

            Comment


            • #7
              Originally posted by syzygy View Post
              I am trying to file my 2016 tax returns electronically with TurboTax. Even though I am filing separately and not claiming any ta
              x benefits for my wife, they require an ITIN for her, even though she is a Chinese citizen. When I went to fill out the W-7 form requesting an ITIN for her, I found that it must be filled out manually and mailed to the USA (I guess). Does anybody know how I can get an ITIN for her in China, perhaps at a consulate, and in a reasonable amount of time?
              I tried e filing with H&R Block after it appeared that a SSN or ITIN wasn't required. I paid the fee and paid my taxes and thought everything was OK! Then about 10 minutes later I got an email informing me that my returns had been rejected because I hadn't included an SSN or ITIN for my wife! Now I must fill out a hard copy of my returns and mail them to the USA, together with my wife's passport, I think. I can just imagine all the screw ups that potentially may occur along the way from China to Austin, Texas and Oregon...plus possibly losing my tax payment in all the confusion. Never underestimate the stupidity of government bureaucrats. The other alternative would be return to the USA and have it out face to face with an H&R Block employee. Plus it can take 6+ weeks to send a hard copy of my US tax returns (and what about my state return?) and request an ITIN...which will mean even more time before I can submit my Affidavit of Support. 8 months(?) plus maybe 2 months (?)= 10 months, which means perhaps December, 2017 before the visa is approved (if it ever is...that's another issue!). I don't want to travel in the middle of the Winter back to the USA, so that probably means waiting until Spring, 2018! Another year in freakin' China! AAAARRRRGGGGHHHH!!!! Maybe returning to the USA now isn't such a bad idea after all...

              Comment


              • #8
                Chill. Send a certified copy of her passport instead of the original. Make your federal payment electronically, and see if you can do it for Oregon as well. The photocopy of the signed tax return is immediately usable as supporting documentation for her Affidavit of Support.

                Comment


                • #9
                  Originally posted by syzygy View Post
                  I am trying to file my 2016 tax returns electronically with TurboTax. Even though I am filing separately and not claiming any ta
                  x benefits for my wife, they require an ITIN for her, even though she is a Chinese citizen. When I went to fill out the W-7 form requesting an ITIN for her, I found that it must be filled out manually and mailed to the USA (I guess). Does anybody know how I can get an ITIN for her in China, perhaps at a consulate, and in a reasonable amount of time?
                  did you file as MFS or Single? you should file as single, not MFS(married file separate)

                  Comment


                  • #10
                    No, married people can't file as Single

                    Comment

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