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  • tax question

    i know i have asked this before here we go again my husband didnt work in 2003 at all. he doesnt have a social security number therefor he doesnt work does he still have to have a TIN number for me to file married filing jointly? any answers would be appreciated

  • #2
    i know i have asked this before here we go again my husband didnt work in 2003 at all. he doesnt have a social security number therefor he doesnt work does he still have to have a TIN number for me to file married filing jointly? any answers would be appreciated

    Comment


    • #3
      If you want to file jointly with your husband who does not have a SS #, then yes you must get a TIN #. if you want to file married filing separately, then no you dont need a TIN #.

      Comment


      • #4
        Crismom:

        Here are IRS's rules regarding filing of tax returns.

        A Taxpayer Identification Number (TIN) is an identification number used by the Internal Revenue Service (IRS) in the administration of tax laws. It is issued either by the Social Security Administration (SSA) or by the IRS. A Social Security number (SSN) is issued by the SSA whereas all other TINs are issued by the IRS.


        Taxpayer Identification Numbers

        Social Security Number "SSN"
        Individual Taxpayer Identification Number "ITIN"


        Do I Need One?

        A TIN must be furnished on returns, statements, and other tax related documents. For example a number must be furnished:

        When filing your tax returns - A change in IRC section 6109 regulations in 1996 mandates the use of a TIN on tax returns.

        When claiming treaty benefits - There was a change in the IRC section 1441 regulations in 2001 which mandates the use of a TIN in order to claim tax treaty benefits. A TIN must be on a withholding certificate if the beneficial owner is claiming any of the following:

        Tax treaty benefits (other than for income from marketable securities)
        Exemption for effectively connected income
        Exemption for certain annuities
        When Claiming Exemptions for Dependent or Spouse:

        You generally must list on your individual income tax return the social security number (SSN) of any person for whom you claim an exemption. If your dependent or spouse does not have and is not eligible to get an SSN, you must list the ITIN instead of an SSN. You do not need an SSN or ITIN for a child who was born and died in the same tax year. Instead of an SSN or ITIN, attach a copy of the child's birth certificate and write Died on the appropriate exemption line of your tax return.

        How Do I Get A TIN?

        SSN

        You will need to complete Form SS-5, Application for a Social Security Card (PDF). You also must submit evidence of your identity, age, and U.S. citizenship or lawful alien status. For more information please see the Social Security web site.

        Form SS-5 is also available by calling 1-800-772-1213 or visiting your local Social Security office. These services are free.



        ITIN

        An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).

        Form W-7, IRS Application for Individual Taxpayer Identification Number, is used to apply for an ITIN.

        To obtain an ITIN, you must complete IRS Form W-7, Application for IRS Individual Taxpayer Identification Number. The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual. You may either mail the documentation, along with the Form W-7, to the Philadelphia Service Center, present it at IRS walk-in offices, or process your application through an Acceptance Agent authorized by the IRS. If you are not currently in the United States, refer to Obtaining an ITIN from Abroad.

        Comment


        • #5
          thanks swissnut this answered my question

          Comment


          • #6
            Crismom


            What is it with you????
            Do you just keep asking the same question until you get an answer that you like, rather than get the correct answer????? Should we post answers to you in another language for u to understand. What is problem... would really like to know.

            You were told not more than 2 weeks ago the procedure to get ITIN of which I concur. Now I will post "Katycab's" answere to you again for the correct procedure per IRS so for the rest of the readers to have accurate information and follow the new protocol on obtaining ITIN for tax return. This change took effect in December.


            "I want to point out that the method for getting an ITIN has now changed. As of December 17th you do not apply for the ITIN separately. You must send the W-7 *ALONG WITH* your taxes all to the ITIN processing unit in Philadelphia. They will issue an ITIN and then forward the taxes to be processed."


            Now here is excerpt on new procedure.


            December 29, 2003

            The Internal Revenue Service (IRS) announced several changes to the Individual Taxpayer Identification Number (ITIN) program, effective December 17, 2003.

            All individuals with a U.S. income, regardless of immigration status, are required by federal law to pay U.S. taxes. The ITIN is a nine-digit number that begins with "9" which was created for use on tax returns for taxpayers who do not qualify for a Social Security Number (SSN). In the new announcement, the IRS also made reference to their earlier 2003 memo, which advised governors and state motor vehicle departments that "ITINs were not designed to serve as personal identification and would not be suitable for determining identification of applicants for driver's licenses."

            Here are the details, quoted from www.IRS.gov, of the new changes to the ITIN program.

            All new ITIN applicants will have to show a federal tax purpose for seeking the ITIN. For those seeking an ITIN to meet their income tax filing obligations, this will require attaching a federal tax return to the Form W-7 when they are ready to file their tax return with the IRS.

            ITIN applications without proof of need for tax administration purposes will be rejected.

            The IRS will reduce to 13 from 40 the number of documents it will accept as proof of identity to obtain an ITIN. The 13 acceptable documents are listed in the new Form W-7 instructions.

            The IRS also will change the appearance of the ITIN from a card to an authorization letter to avoid any possible similarities with a Social Security Number card.

            A small number of non-U.S. residents apply for an ITIN to report income under a tax treaty, and a small number of U.S. resident and non-resident applicants apply only for an ITIN to report income from a U.S. bank or brokerage account. Neither type of applicant will be required to file a tax return along with their ITIN application. Non-resident applicants will be required to furnish evidence of their ownership of the asset that gave rise to the reporting obligation. Resident applicants will be required to furnish evidence of actual rather than intended ownership of the bank or brokerage account.

            [This message was edited by 4now on January 27, 2004 at 06:53 PM.]

            Comment


            • #7
              4now i understand english very well thank you I was born and raised here in america im a USC so you dont have to attack me for posting this again i realize i posted this earlier and i said that didnt i?????? or cant you understand english?????? i wasnt posting till i got a answer i liked when i posted the last time i got so many conflicting answers so i wasnt sure. now thanks to swissnut i understand completely what i have to do so rest assured 4 now i wont ask it again it obviously bothered you so bad i asked it twice i rarely post on here anyway

              Comment


              • #8
                Crismom

                "Thanks to Swissnut I understand completely what I have to do"

                Duh

                Oh I see you understand english, just that you have a comprehension problem. As I showed you that is outdated info that u received from Swiss for this procedure. Stop being confused.

                And my post is for other readers so that they will have the latest update & correct procedure to follow.

                You are free to do as you wish

                Comment


                • #9
                  4now:

                  I cut and pasted the information to Crismom from the Irs.gov website. Sorry, didn't wish to cause confusion, if there is a more updated policy, I was not aware.

                  In reading this new policy it states the change in requirement for securing a ITIN, but does not address the issue of an alien, who is not earning income, but may be a co-filer with a USC spouse who is earning income.

                  In Crismom's situation, doesn't the answer remain the same, regardless of the updated/current December 29, 2003 information?

                  Comment


                  • #10
                    Swiss

                    It is clear from this:
                    "All new ITIN applicants will have to show a federal tax purpose for seeking the ITIN. For those seeking an ITIN to meet their income tax filing obligations, this will require attaching a federal tax return to the Form W-7 when they are ready to file their tax return with the IRS. "

                    It doesnt matter if alien had income or no income. The alien will be a joint filer on the income tax return. Most ITIN requesters do not have income.

                    Otherwise Crismom would have to file married filing seperately.

                    Comment


                    • #11
                      Thanks 4now, you clarified what I attempted to say in my earlier post, that ITIN is needed if spouse is to be a joint-filer with the USC, regardless of whether any income was earned.

                      Comment


                      • #12
                        4now,

                        Just give up buddy. You'll never win in a fight with Swiss. She always wants the last word. We tried to get her to leave but she won't. How does that movie line go Joey Schmo, "she's baaaaaaack"?

                        Comment


                        • #13
                          i cant believe how people get attacked on this board. i rarely post but i read all the posts daily and if i was a regular here i wouldnt post for fear of being verbally attacked. i know from my personal posting experience ill never post again. I was told i dont understand english then i was told i dont comprehend what was being said. i certainly understand everything im not stupid by all means. i feel sorry for all the others that rely on this board for their immigration questions and answers and if they post and get the same response i did being called stupid and not comprehending.

                          Comment


                          • #14
                            crismom:

                            I was in the same boat as you. Hubby didn't work, and had no SS#, A#, or TIN#. I filed joint anyhow, not a problem. INS sent me a nice letter of how hubby is "injured spouse" per my tax issues and how to remedy that issue.
                            Sweet Madame Belu

                            Comment

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