Married to Illegal Immigrant - Tax deductions and filing status

By Alex Oware on 06/24/2015 10:00 PM

Question: I am a US citizen filing 1040. Married a Thai in 2015 who was on a visa that has expired. She’s lived with me since entering US.  

1.      How do I file so I get a deduction for my illegal alien spouse?

2.       Do I send a W7 with the return or obtain one online prior to filing?

 

Answer:

1. You have the option of filing a joint return, and that may well reduce the tax liability. If she is not eligible for an SSN, then she would need to apply for an ITIN in order to file a joint return with you.

 

2. Form W-7 is used to obtain an ITIN for the spouse. The form cannot be filed electronically. It must be attached to the tax return, and sent by mail to the address found in the instructions for Form W-7. This also has the effect of filing the tax return.

 

Form W-7 and the tax return must be filed together with original identification documents. These documents are then returned to the taxpayer. You need to read the instructions for Form W-7 very carefully to understand what documents are required. IRS will not accept photocopies.

***Disclaimer: I am a tax accountant and a CPA , but I am not your accountant or advocate (Unless you have signed up to my services). This communication is not intended as tax advice, and no tax accountant -client relationship results**