This question was answered by Taylor, CPAI, Deduction’s AI tax accountant, and Deduction’s licensed CPAs.
Yes. When you file Married Filing Separately (MFS), you must list your spouse’s name on your return, even if your spouse does not have an SSN or ITIN.
If your spouse has no SSN or ITIN, you should enter “NRA” (Nonresident Alien) in the space for your spouse’s SSN/ITIN if that applies. If your spouse is not a nonresident alien, special rules apply. This is only appropriate if your spouse is not a U.S. citizen and does not meet the "Substantial Presence Test" (meaning they don't live in the U.S. for a significant portion of the year). In that case electronic filing isn’t allowed and you’ll need to mail-in your tax return.
Most common scenario for immigrants/new arrivals
Writing “Applied For” or leaving it blank can cause processing delays or rejection
When filing MFS, keep in mind:
Example 1 (Allowed):
Example 2 (Not Allowed):
Community Property States: If you live in a state like California, Texas, or Washington, filing MFS is significantly more complex because you may be required to report half of your spouse's income on your return, even if they aren't in the U.S.
If you file Married Filing Separately, and your spouse (even an NRA spouse) decides to file a separate U.S. return and itemizes their deductions, you are also forced to itemize. You cannot take the standard deduction if your spouse itemizes, even if you are filing separately.
Yes, you must include your spouse’s name when filing Married Filing Separately.
If your spouse does not have an SSN or ITIN:
Source:
The information provided does not, and is not intended to, constitute legal advice.
