ITIN for non-resident alien spouse

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Kitty Telltales
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ITIN for non-resident alien spouse

Post by Kitty Telltales »

One question I have at the moment is about getting a US ITIN (Individual Taxpayer Identification Number) for my non-resident alien spouse. Has anyone got one for their foreign (NRA) spouse and is it advisable?

Mostly I want to apply for an ITIN for my husband so that I could easily add him as a beneficiary to my American accounts without spending frustrating time on the phone explaining why he doesn't have a social security number. They say it's possible to add a spouse without a social security number, but have you ever tried it online? Without a SS number, the form freezes and I can't make any progress.

I want to focus on estate planning to be sure that he would have an easier time dealing with things--IRA, bank accounts, selling real estate--in the States if something were to happen to me. I've played the role of the family financial administrator and it's a potential nightmare for him if I were not around to handle it. LadyGeek has recently written much on the topic after the loss of her husband, and I want to avoid complications for mine, if I possibly can.

I am reading that an ITIN must be renewed periodically, perhaps every 3 years, if he doesn't file a US Tax Return, which he doesn't. This I can deal with.
donaldson
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Re: ITIN for non-resident alien spouse

Post by donaldson »

Not sure if this reply comes too late, but I recommend searching for threads on VisaJourney around this process. You might start in this subforum:

https://www.visajourney.com/forums/foru ... migration/

The ITIN, once obtained, would make it easier to add your husband as a joint account holder or beneficiary in the US. Depending on the institution, this can still be done without an SSN/ITIN, though may require phone calls to set up. The ITIN will also allow you to file taxes jointly and e-file whether filing jointly or separately. However, keep in mind that form W-7 (the ITIN application) can only be submitted at the time of filing a tax return.

It sounds like you are residing abroad with your husband? If that's the case then you would need to have the following, with wet signatures on everything as applicable:

- Tax return, ready to file (most do this with a joint return)
- Nonresident alien spouse statement electing to be treated as a US resident for tax purposes, following the IRS instructions here.
- Form W-7
- Supporting documentation for form W-7 as specified here (either originals or copies certified by the issuing agency): https://www.irs.gov/instructions/iw7

From there, it's possible to do one of the following:

- Mail the documents above to the IRS ITIN address (requires a wait to get the supporting documents back)
- Take the documents to an IRS Taxpayer Assistance Center (but your husband would need to be present as the person requesting the ITIN)
- Take the documents to an Acceptance Agent, either in the US or abroad. Same requirements as above for your husband to be present.

Usually the process to get the ITIN is supposed to take 6-7 weeks but as with many things, this appears to be taking much longer during the pandemic.
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Re: ITIN for non-resident alien spouse

Post by LadyGeek »

This thread is now in the Non-US Investing forum (Non-Resident Alien). The thread was formerly in the Non-US Chapters (community) forum.
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sperry8
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Re: ITIN for non-resident alien spouse

Post by sperry8 »

Kitty Telltales wrote: Wed Jun 09, 2021 7:51 am One question I have at the moment is about getting a US ITIN (Individual Taxpayer Identification Number) for my non-resident alien spouse. Has anyone got one for their foreign (NRA) spouse and is it advisable?

Mostly I want to apply for an ITIN for my husband so that I could easily add him as a beneficiary to my American accounts without spending frustrating time on the phone explaining why he doesn't have a social security number. They say it's possible to add a spouse without a social security number, but have you ever tried it online? Without a SS number, the form freezes and I can't make any progress.

I want to focus on estate planning to be sure that he would have an easier time dealing with things--IRA, bank accounts, selling real estate--in the States if something were to happen to me. I've played the role of the family financial administrator and it's a potential nightmare for him if I were not around to handle it. LadyGeek has recently written much on the topic after the loss of her husband, and I want to avoid complications for mine, if I possibly can.

I am reading that an ITIN must be renewed periodically, perhaps every 3 years, if he doesn't file a US Tax Return, which he doesn't. This I can deal with.
Did you ever end up doing this? Did you take the advice offered below in the thread? I have a similar issue and am looking at options.
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crre
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Re: ITIN for non-resident alien spouse

Post by crre »

a huge issue with a non-resident alien beneficiary is that if you die first and your non-resident alien spouse inherits then dies before transferring the money outside of the u.s., the estate tax kicks in at a ridiculously low threshold ($60,000), as opposed to the much higher threshold for u.s. citizens. if you have children who are u.s. citizens and sufficient assets outside of the u.s., you may want to consider leaving the u.s. assets directly to your children (this is what we chose to do). alternatively, you may want to consider moving the assets out of the u.s. now.
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Kitty Telltales
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Re: ITIN for non-resident alien spouse

Post by Kitty Telltales »

sperry8 wrote: Mon Oct 16, 2023 8:33 am
Kitty Telltales wrote: Wed Jun 09, 2021 7:51 am One question I have at the moment is about getting a US ITIN (Individual Taxpayer Identification Number) for my non-resident alien spouse. Has anyone got one for their foreign (NRA) spouse and is it advisable?

Mostly I want to apply for an ITIN for my husband so that I could easily add him as a beneficiary to my American accounts without spending frustrating time on the phone explaining why he doesn't have a social security number. They say it's possible to add a spouse without a social security number, but have you ever tried it online? Without a SS number, the form freezes and I can't make any progress.

I want to focus on estate planning to be sure that he would have an easier time dealing with things--IRA, bank accounts, selling real estate--in the States if something were to happen to me. I've played the role of the family financial administrator and it's a potential nightmare for him if I were not around to handle it. LadyGeek has recently written much on the topic after the loss of her husband, and I want to avoid complications for mine, if I possibly can.

I am reading that an ITIN must be renewed periodically, perhaps every 3 years, if he doesn't file a US Tax Return, which he doesn't. This I can deal with.
Did you ever end up doing this? Did you take the advice offered below in the thread? I have a similar issue and am looking at options.
We applied for a permanent residency visa for him in March 2022, a long process. It was my reaction the war that began a bit East of where we live. We're now far along and he should have the visa soon. He just passed his physical exam and my affidavit of support was accepted.

My other strategy is to make sure no probate needs to happen in the States if something does happen to me. In Florida, I can do a Ladybird Deed for my property, passing the condo to my son. Once my husband has his social security number, I'll make him beneficiary or co-owner on all US accounts.

We've promised each other that in the New Year, we'll set up a "death book" as so many here advise, with Passwords and all other pertinent documents.

In the meantime, we want to spend some carefree days in the Florida sunshine without worrying about his ESTA.
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Kitty Telltales
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Re: ITIN for non-resident alien spouse

Post by Kitty Telltales »

crre wrote: Mon Oct 16, 2023 9:05 am a huge issue with a non-resident alien beneficiary is that if you die first and your non-resident alien spouse inherits then dies before transferring the money outside of the u.s., the estate tax kicks in at a ridiculously low threshold ($60,000), as opposed to the much higher threshold for u.s. citizens. if you have children who are u.s. citizens and sufficient assets outside of the u.s., you may want to consider leaving the u.s. assets directly to your children (this is what we chose to do). alternatively, you may want to consider moving the assets out of the u.s. now.
Thank you for this tip...I do have son who is a US citizen and currently have him a beneficiary. I'll make sure I stay within the $60,000 limit.
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