# Help re getting an ITIN



## Madhouse1964 (Feb 13, 2015)

Apparently I need to get an ITIN (individual taxPayer identification number) for when my US citizen husband files his tax return as MARRIED but filing separately because I am still in the UK waiting for the visa process, while he is in the States.... Does anyone know anything about this? He is supposed to be filing them in a few weeks but there is no way I can get a number by then  it lists documents you need but I can't send my passport because I need to use it soon. When I finally get my SSN when I get my Visa does it take over from the ITIN because it says you can't have both.
Any help would be much appreciated.


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## Bevdeforges (Nov 16, 2007)

He can file as "married, filing separately" without your having to get an ITIN. Then, when you get to the US and get your US SSN, you file jointly with your US SSN.
Cheers,
Bev


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## Bellthorpe (Jun 23, 2013)

You can apply through an Acceptance Agent in the UK.


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## Madhouse1964 (Feb 13, 2015)

Bevdeforges said:


> He can file as "married, filing separately" without your having to get an ITIN. Then, when you get to the US and get your US SSN, you file jointly with your US SSN.
> Cheers,
> Bev


Do you know if that is up to date information because everywhere I look, it says I do need one. I'm so confused because in one place it says apply on a W-7 and attach a tax return but how? They are meant to go to different addresses. Then I read that on the tax return you can't leave the SSN bit blank. I read that some printed it, filled it in manually with NRA (non resident alien) on.... But now I've just read that IRS don't accept that? Thank you so much for your help. I feel like I'm going round in circles. My US husband doesn't want a fine for filing a late tax return!


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## Bevdeforges (Nov 16, 2007)

You are only required to get an ITIN if you elect to file jointly with your spouse or if your spouse is claiming you as a dependent on his or her return. If he's filing married, filing separately, there is no need. You enter NRA for spouse's ITIN. That may or may not rule out electronic filing (results seem to vary), but an envelope and a stamp will get the return where it needs to go.

Given that you're going to be getting a SSN fairly soon, I'd just avoid the hassle and have hubby file as MFS this year, then next year you can engage with the mysteries of US tax filing.
Cheers,
Bev


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## Madhouse1964 (Feb 13, 2015)

Is it right that he can't put me as an exemption if I have no ITIN? Does that matter? Is all this ok for when we submit the affidavit of support? Thanks in advance.


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## Bevdeforges (Nov 16, 2007)

Madhouse1964 said:


> Is it right that he can't put me as an exemption if I have no ITIN? Does that matter? Is all this ok for when we submit the affidavit of support? Thanks in advance.


Correct, but if he files as "married, filing separately" he can't take an exemption for you anyhow. (He can only do that on a joint return where you declare all your income for the year, too, as if you were resident in the US all of 2015.) The exemption is simply a flat $ amount subtracted from gross income (actually adjusted gross income, but that's getting technical).

If your husband is taking the FEIE (foreign earned income exclusion) it may not matter that he can't take the exemption for you anyhow.
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

If your husband is looking for a precise reference, then he should check the instructions to IRS Form 1040. In the 2015 edition of the instructions look at the last paragraph under "Line 3" on page 14. Furthermore, this page explains who needs a SSN or ITIN. If you do not fall into those categories described on that page, then you don't need one.

By the way, he may be able to file as Head of Household rather than Married Filing Separately (or Married Filing Jointly). This page explains that option.


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## LeslieW (Feb 5, 2016)

A couple of things: 1) you CAN file a Married Filing Separate return without an SSN or ITIN for the spouse, and 2) if additional time is needed to prepare an accurate return, your husband can file for an extension.
If you are considering filing a joint return, you need to be aware of the rules involved in filing the special election and including your worldwide income on the return.


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## Madhouse1964 (Feb 13, 2015)

BBCWatcher said:


> If your husband is looking for a precise reference, then he should check the instructions to IRS Form 1040. In the 2015 edition of the instructions look at the last paragraph under "Line 3" on page 14. Furthermore, this page explains who needs a SSN or ITIN. If you do not fall into those categories described on that page, then you don't need one.
> 
> By the way, he may be able to file as Head of Household rather than Married Filing Separately (or Married Filing Jointly). This page explains that option.


That's what has confused me.... 'Who needs an ITIN'? .....'A spouse of a US citizen' which is what I am.


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## BBCWatcher (Dec 28, 2012)

I see that! Well, if your U.S. citizen spouse is only filing a non-joint tax return and not taking an exemption for you, you don't need one. The overriding requirement is that the IRS (or other government agency) has to ask for your SSN or ITIN in order to be required to have one. But the IRS doesn't in this case.


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