When does a spouse need an ITIN?
| Situation | Does the spouse need an ITIN? |
|---|---|
| You file a joint return and your spouse has no SSN | Yes |
| Your spouse has US income and must file their own return | Yes, unless eligible for an SSN |
| You file married filing separately and your non-resident spouse has no US income and no return to file | Often no: enter "NRA" in place of the spouse's number |
| You file as head of household, treating a non-resident spouse as not married to you for that purpose | No, for the spouse |
Should you file jointly with a non-resident spouse?
A US citizen or resident married to a non-resident can elect to treat the spouse as a US resident for the whole year and file jointly. The joint rates and standard deduction can lower the tax, but the spouse's worldwide income then becomes taxable in the US, and the election continues for later years until ended. Compare the tax both ways before electing. The spouse then needs an SSN or ITIN, and the W-7 is attached to the joint return.
For the rest of a new arrival's first-year decisions, see your first US tax return after moving to the US.
What if your spouse is eligible for an SSN?
Then they must apply for an SSN rather than an ITIN. A spouse with US work authorization, such as through an employment-based visa or permanent residence, is eligible for an SSN, and the IRS rejects ITIN applications from people who can get one. Apply to the Social Security Administration and use the SSN on the return.
When does a dependent need an ITIN?
Only when you are claiming a tax benefit for them. The main one available with an ITIN is the credit for other dependents, $500 per qualifying dependent. To be your dependent, the person must be a US citizen, national or resident, or a resident of Canada or Mexico. So a child or parent who lives in Pakistan or India and is not a US citizen generally cannot be claimed, and should not be given an ITIN application at all. The child tax credit requires the child to have an SSN.
What documents do dependents need?
- A passport, the only document that proves both identity and foreign status on its own.
- A passport for a dependent must show a US entry date, unless the dependent is from Canada or Mexico, or is the dependent of US military personnel stationed abroad.
- Without that date, proof of US residency is also needed: US medical records for children under 6, or school records for those under 18, for example.
A Certifying Acceptance Agent can certify only passports and birth certificates for dependents. See Certifying Acceptance Agents and ITIN documents required.
How do you apply?
Confirm each person needs one
Using the rules above.
Complete a Form W-7 for each
Ticking the reason box for a spouse or dependent.
Attach the tax return
The return claiming the spouse or dependent, with each W-7 on top.
Send documents
Originals, certified copies, or through a Certifying Acceptance Agent.
Why are family applications rejected?
Most often because the dependent does not meet the residency test, the passport lacks a US entry date with no residency proof, or no benefit is claimed for the person on the return. See ITIN application rejected.
Applying for family ITINs?
We check whether each family member actually needs an ITIN, prepare the W-7s with the right return, and work with a Certifying Acceptance Agent.
Questions people ask
Does my spouse need an ITIN to file jointly?
Yes, if your spouse has no SSN and is not eligible for one.
Can I claim my parents abroad as dependents with an ITIN?
Generally not. Dependents must be US citizens, nationals or residents, or residents of Canada or Mexico.
What tax benefit can I claim for a dependent with an ITIN?
Mainly the $500 credit for other dependents. The child tax credit requires the child to have an SSN.
What if my non-resident spouse has no US income and I file separately?
In many cases you can enter NRA instead of an identifying number for the spouse.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- IRS: Instructions for Form W-7
- IRS Publication 501: Dependents, Standard Deduction and Filing Information
- IRS: Nonresident spouse
- IRS: Individual taxpayer identification number
Rules and fees change. If you are reading this long after October 1, 2026, confirm the figures with the source before you rely on them.
Related guides
More in EIN and ITIN
This guide is general information. It is not tax or legal advice for your situation.