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Level 5
February 12, 2021

Married filing Joint with one not having social security

  • February 12, 2021
  • 1 reply
  • 14 views

I have a client that recently got married and wants to file Married filing Joint but the spouse does not have a SS number yet nor a ITIN. How should I file there taxes? I've never had this situation before. 

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    1 reply

    itonewbie
    Level 15
    February 12, 2021

    Recently married as in 2020?

    If the spouse is a nonresident alien, your client can file MFS (or HoH, if qualified) without an ITIN for the spouse.  Otherwise, it should be include on the return regardless of filing status; your client may then need to extend the return while waiting for the issuance of an SSN or ITIN, whichever one the spouse qualifies for.

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    itonewbie
    Level 15
    February 12, 2021

    Especially if your client's spouse is an NRA (or dual-status resident alien) and they want to file a joint return, you should make sure and document that they both understand the downstream implications of these once-in-a-lifetime elections, having assessed the potential tax impacts beyond the immediate tax year.

    ---------------------------------------------------------------------------------Still an AllStar
    Tiger5Author
    Level 5
    February 14, 2021

    you should make sure and document that they both understand the downstream implications of these once-in-a-lifetime elections, having assessed the potential tax impacts beyond the immediate tax year.

     

    Please explain future, not understanding?