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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 14420
Experience:  15years with H & R Block. Divisional leader, Instructor
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Hi , I am a non US citizen , with a SSN ,employed as a physician, I

This answer was rated:

Hi ,
I am a non US citizen , with a SSN ,employed as a physician,
I am married , but my wife is Abroad , she will be coming next march.
Can I add her as a dependent on me ?

Thanks

Robin D :

Hello and thank you for using Just Answer,

Customer:

Thank you for taking the time to answer my question

Robin D :

Your spouse can file a joint return with you if she wants her income taxed too.

Robin D :

One sec while I get you the exact law

Customer:

Thanks!

Robin D :

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. If you make this choice, you and your spouse are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages.

Robin D :

This means your spouse would be taxed in the US on her income, worldwide.

Robin D :

If she does not have income then this is not a bad thing

Customer:

Yeah , She doesnt have income.

Customer:

I see , so what papers will she need to be sent ?

Robin D :

Then that would be beneficial. She will need a tax number. Teh ITIN using W7

Robin D :

The

Robin D :

sorry

Robin D :

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:



  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year

  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Robin D :

You file the W7 with your tax return.

Customer:

I see....so should I file it from now , or wait till next year ?

Robin D :

You can file it for the year you were married. If you were married in 2013 you would file joint in 2014 when you file your US return for 2013.

Customer:

I see , sorry for the many questions , but what date should I file it ?

Robin D :

You mean what date to file your tax return or the W7?

Customer:

I am married in 2013

Customer:

Both ?

Robin D :

You file the W7 with your 2013 tax return. That can be filed anytime from Jan to April 15th of 2014.

Customer:

I see............

Customer:

So as a summary :

Customer:

File W7 and Tax return at that time

Robin D :

Correct

Customer:

  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year

Robin D :

Correct

Customer:

is it the W7 ?

Customer:

or there is a specific form for the declaration

Robin D :

The declaration is a written statement by the both of you no specific form issued . The W7 is the request for the ITIN.

Robin D :

I will get you the W7 link

Robin D :

These are the instructions
http://www.irs.gov/pub/irs-pdf/iw7.pdf

Robin D :

It is very important to follow them as your spouse will need the ITIN, unless she can get a SSN.

Customer:

Great ! so is there a specific template for the declaration , and what ill be the identification number for my wife ?

Robin D :

The ITIN (Individual Taxpayer Identification Number) takes the place of a SSN for taxes. It is when someone can not be issued a SSN

Robin D :

No template just make sure the statement clearly shows:



  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year

  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Customer:

Sorry for the many questions, One last question ....

Robin D :

No problem.........

Customer:

How can I get the ITIN number for wife ?

Robin D :

The W7 is what is used

Robin D :

You send it with the tax return

Robin D :

The IRS issues the numbers when you have a tax reason that requires one, such as filing a return

Customer:

Ok , got it

Customer:

So

Customer:

IRS will sed me a filing return ....has ITIN number

Customer:

Will send them w7 + decleration

Customer:

Am I correct ?

Robin D :

You will file, including the statement, and the W7 requesting an ITIN for your spouse.

Robin D :

The IRS does not send you a return to file

Robin D :

It is up to you to send them the return, and the other things

Robin D :

You are employed, so you will receive a W2

Robin D :

Then you file the return and the items I mentioned

Customer:

So the declaration statement that I will send doesnt need the ITIN number of my wife to be on it . I will get it after I file those two.....

Customer:

right?

Robin D :

Correct

Customer:

Great ............

Customer:

Thanks for the help

Customer:

Appreciate that

Robin D :

Your positive rating is always thanks enough.

Robin D :

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.

Customer:

Definitely an Excellent Service

Customer:

Will do that

Customer:

take care

Robin D :

Thanks

Robin D :

Best wishes

Robin D. and other Tax Specialists are ready to help you
Customer: replied 3 years ago.

Sorry one last question please.


My wife will be eligible to get SSN as she will be on H4 visa.


Can I file the tax return with the ITIN or with SSN when she gets it ?


Thanks

If she gets an SSN then no need for the ITIN. You would simply file the return with the declaration.
Customer: replied 3 years ago.

Thanks


 

You are welcome.