Filing Taxes when Your Spouse is Undocumented and Works Illegally

Filing Taxes when Your Spouse is Undocumented and Works Illegally

Question: I am married to an illegal alien

  1. How do I file my tax returns?
  2. Should I file MFS since spouse does not have ITIN?

Answer:

  1. Legal status does not affect filing status. A taxpayer married to an illegal alien must still file as a married individual. It could be MFS or MFJ, and in some cases HOH
  2. According to Pub 1915; page 10, “undocumented aliens” can  get ITINs
  3. If You are required to file a U.S. Federal income tax return, or qualify to be listed on another individual’s tax return as a spouse, you must have either a valid SSN or an ITIN.

If you are an undocumented alien and cannot get a SSN, you must get an ITIN for tax purposes. Remember, having an ITIN Does Not:

  • Give you the right to work in the United States
  • Change your immigration status, or
  • Entitle you to the Earned Income Tax Credit or Social Security benefits.
  • Entitle you to claim the Child Tax Credit
  • Entitle you to claim the Coronavirus Stimulus Check , even if you filed jointly with a US citizen who has a valid SSN

***Disclaimer: I am a tax accountant and a CPA licensed in Massachusetts , 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**

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