According to the specifications for electronically filed
returns, the field for the spouse's SSN (where the spouse is
not the primary taxpayer name) is supposed to take the
values of either a number or blank. See IRS Pub. 1346, part
2 page 21.

If your spouse does not have an ITIN, then you cannot claim
an exemption for your spouse on your return; however, there
does not appear to be any rule that requires your spouse to
have an ITIN under all circumstances if you do not claim an
exemption for him.

Leave the spouse SSN line blank and see if the system
accepts your return.

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"McSasster" <hlh.mon...[at]gmail.com> wrote:

- quote -

File MFS. If you are using software that asks for your
husband's SSN, there should be alternatives that you can put
in that will allow you to file electronically. Use the help
function to see what they are. It might be something like
"unable to obtain", "refused", or "non-resident alien". If
you are filling out a paper return, just leave it blank.

Dennis

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McSasster wrote:

- quote -

You are married so you cannot file as single. However, if
your spouse is a non-resident alien and has no US source
income, you do not need an ITIN or SSN. Just file the
return as MFS and indicate that your spouse is NRA
(non-resident alien.)

Of course, you cannot file jointly or claim him as an
exemption.

Lanny K. Williams, CPA
Nawarat, Williams & Co., Ltd.
Income Tax Services for Expatriate Americans

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McSasster wrote:

- quote -

Without a SSN or ITIN for your spouse, you have one option
for filing your taxes -- and it is NOT filing as Single. You
will file as Married Filing Separate, claim no exemption for
your spouse, nor claim any of his income on your return.

If you want to file as Married Filing Joint, he MUST have an
ITIN (see form W-7) and his WORLDWIDE income (as well as
yours) must be claimed on the return. Is that worth the
benefit of claiming his exemption on your return?

IRS Pub 54 has detailed information on this topic.

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McSasster wrote:

- quote -

You are married! You can not file as single. Assuming that
you do not have a qualifying child living with you that
might allow you to file as head of household, your only
option is to file as married separate or married joint. You
can only file married joint if you and your spouse both
elect to treat him as a resident alien of the US. If you
file married separate, you only need to have an ITIN for
your spouse if you desire to claim a personal exemption for
him assuming he had no US source income.

See IRS Pub 519 for how one makes the election to be treated
as a resident alien and the tax implications of such an
election. It also explains that he would need to file a Form
W-7 with your tax return to obtain the ITIN.

--
Alan
http://taxtopics.net

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Hello!
I am trying to filing my taxes here in the US. My husband is
Australian and has never been to the US and does not have a US income,
or any needfor a SSN or ITIN. Yet, on my US tax return I am required
to prived a # for him!

I am a US citizen, and we do not plan on settling here in the US, and I
don't see the need for processing tax paperwork for him. Should I
just file as a single?

I have looked through the IRS site, and cannot find anything
talking about this topic. Any help would be greatly
appreciated, thanks.

-McSasster

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