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Ben G | Married filing separately, but denied deduction for my wife. Why? |
My wife is a nonresident alien with no US income and did not file a return. I filed as married filing separately, claiming her as an exemption and taking the standard deduction. Now I got back a letter from the IRS that says my standard deduction was rejected because "When your filing status is Married Filing Separately and your spouse itemizes deductions, you must also itemize. Information on your tax return indicates that your spouse itemized deductions; therefore, we used zero as your deduction amount."
If my wife didn't file a return, how could she have itemized deductions? Should we be worried about identify theft of her SSN? How does the IRS know from "information on your return" that my wife itemized? That doesn't make any sense...
The IRS representative on the phone wasn't helpful at all and wouldn't clarify what this letter means.
What should I do?
Additional Details
I should have mentioned that my wife has foreign income which we didn't want taxed. That is why we filed separately.
From the IRS:
"If you file a separate return, you can claim the exemption for your spouse only if your spouse had no gross income, is not filing a return, and was not the dependent of another taxpayer. This is true even if the other taxpayer does not actually claim your spouse as a dependent. This is also true if your spouse is a nonresident alien."
"I am a U.S. citizen married to a nonresident alien who has no income from U.S. sources. Can I claim an exemption for my spouse on my U.S. tax return?
Yes. If you file a joint return, you can claim an exemption for your nonresident alien spouse. If you do not file a joint return, you can claim an exemption for your nonresident alien spouse only if your spouse has has no income from sources within the United States and is not the dependent of another U.S. taxpayer." |
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ninasgramma
 |
I think you have more accurate information than the previous answers. As you note, you are allowed an exemption for your nonresident alien spouse on a MFS return. Even the IRS is not questioning that fact.
The letter says that your return has information that your spouse itemizes. That confuses me, but may be the best approximation available in the computer generated letters. If your nonresident alien spouse did file a return, she would not be allowed the standard deduction. I am guessing that the IRS is assuming she has or will file a tax return, taking itemized deductions, and forcing your return to take itemized deductions.
I would write back explaining what you already know. I would include a statement (maybe notarized and signed by your spouse) that your spouse had no US source income and did not file a return. If you can provide a copy of the SS card or other document with her SS number, that might help the IRS sort things out if the SSN has become attached to another return.
Your other course of action is just to go ahead and itemize, taking your state taxes, etc. Your standard deduction was only $5,150 anyway. It may make it easier for you if only a few dollars are involved. |
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PepsiLime
 |
If you are married filing separately, you can't claim your wife. That's what married filing separately does. If you filed as married filing jointly (which you could do by the way) then you both get the personal exemption. If I were you, I would file an amended return changing the return status to married filing jointly. As long as your wife didn't file a return you should be fine with doing that. |
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goldenboyblue
|
You have to respond in writing - not just over the phone to the address provided in the letter. There is usually a section to check off & sign that you dont agree. You attach it with your letter explaining your situation.
If shes not even filing, why are you filing separate? |
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bostonianinmo
|
File an amended return. You are not allowed to claim a personal exemption for your NRA wife. Where her SSN would go, write Non-Resident Alien.
She does not have an SSN so whatever SSN you used did not belong to her. The person to whom it did belong filed a return that itemized deductions and that's why you got stung with the IRS notice.
You'll still owe tax for improperly claiming a personal exemption for her but at least that's less than the loss of the standard deduction.
Alternatively you CAN file a joint return with her if she agrees to have her world wide income subject to US taxation. You'll need to attach a joint statement signed by both of you to that affect to your amended return and every joint return you file as long as she's NRA. You'll also need to attach a Form W-7 Application for ITIN so that she can get an ITIN since she does not have a SSN. That only needs to be done once. |
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Jason
|
First of all why would you file seperately and then try to claim her as a deduction ? If she has to file none because of no income but you decided to file seperate then they are looking for her to be on her own tax return and you cannot claim her on yours. |
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aggiegrad84
 |
Married filing separately means that both parties will file their own returns and that both parties will claim themselves. You qualify to file as married filing jointly. Since you don't seem to be very accountant minded, you might want to get some help and file an amended return. |
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Judy1
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There should be a phone number on the letter to call. I'd check with them, then follow up in writing - it does almost sound like someone filed a return using your wife's social security number. Call again and maybe you'll get a different person. |
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Jo-C
 |
Why file separate? If she has no US income what was your intention of filing separate? You should have filed joint. Filing separate gives the impression that she also filed separately. If you filed joint you can count her as a dependent. If she has no US income it would give you the deduction. Identity theft is always a issue. She should go to the IRS office and ask for any copies of her taxes that they may have on file. This is free if it is for your own use. If there are any and she has never filed she should file a report with the police immediately. She should also go on line and check her credit report with all three agencies (experian, exuifax, and transunion). Anything not belonging to her should also be reported to police and then disputed to have it removed from her credit report. If this is fraud you have a long road ahead of you. GOOD LUCK! |
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