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Need guidance on getting an ITIN for my foreign spouse without sending her original passport

I'm a US citizen married to an Australian woman who doesn't have a Social Security Number. She currently has no income/job in the US, but we're planning for her to work in the future. Even if she doesn't get employed right away, I understand filing married jointly would probably benefit us tax-wise. I've been looking at the W-7 form for the ITIN application and it seems pretty straightforward, but there's a catch - she has no tax return to file yet since she hasn't earned any income here. The bigger issue is that I'm extremely uncomfortable sending her original passport through the mail with the W-7 application. It's literally her only form of identification, and we'd be in a terrible situation if it got lost. I have several questions I hope someone can help with: 1. Is it possible for her to get an ITIN without having any US income or a tax return to file yet? 2. If we decide to submit the W-7 with my tax return, how can we avoid sending her original passport? And is the passport the only documentation needed with the W-7, or do we also need to include our marriage certificate or other documents? 3. Can an IRS authorized acceptance agent make a certified copy of her passport that we could use with the W-7 application instead of sending the original? 4. Are IRS local office agents able to make certified copies of passports that would be accepted with a W-7 application? I'm pretty stressed about this whole situation, so any advice would be greatly appreciated!

One important thing no one has mentioned: if you go to a TAC office, you MUST call ahead for an appointment specifically for ITIN services. You can't just walk in for this service. Also, if your spouse entered the US on any kind of visa that allowed work (even if she's not working), she might actually qualify for an SSN instead of an ITIN. Worth checking that angle first since an SSN is way more useful long-term.

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Layla Mendes

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Thanks for mentioning this! Does anyone know how far in advance you need to schedule TAC appointments? Are they booking weeks out or can you usually get something within a few days?

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In my experience, TAC appointment availability varies dramatically by location. In major cities, you might need to book 3-4 weeks out, especially during tax season (January-April). In smaller offices, you might get an appointment within a week. If you're flexible with timing and location, check multiple nearby TAC offices if possible. Sometimes one office will be booked solid while another 30 minutes away has openings. The online appointment system doesn't always show all available slots, so calling can sometimes yield better results than booking online.

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Avery Davis

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I went through this exact situation with my husband from Germany two years ago, and I completely understand your stress about the passport! Here's what we learned: The key is definitely using a Taxpayer Assistance Center (TAC) appointment. You can get an ITIN without any US income - we did it specifically for future joint filing benefits even though my husband wasn't working yet. A few practical tips from our experience: - Book your TAC appointment as early as possible (we had to wait 3 weeks in our area) - Bring your completed tax return, the W-7 form, passport, marriage certificate, and maybe a utility bill showing both names - The appointment took about 45 minutes total, and they made certified copies of everything right there - We got the ITIN about 6-7 weeks later One thing that really helped us was calling the IRS beforehand to confirm exactly what we needed to bring. The agent was super helpful and walked us through the process step by step. Don't stress too much - thousands of people go through this process successfully every year. The TAC route is definitely the safest way to handle original documents, and the agents there are experienced with ITIN applications for spouses.

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This is really helpful! I'm curious about the call you made to the IRS beforehand - how long did it take to get through to someone? I've been dreading having to call them because I've heard the wait times are terrible. Also, when you brought the utility bill with both names, was that something they specifically asked for or just something you brought as extra documentation?

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Mei Liu

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The IRS call actually wasn't as bad as I expected - I got through in about 45 minutes, which seemed reasonable compared to horror stories I'd heard. I called early in the morning (around 8 AM) which might have helped with wait times. The utility bill was something we brought as extra documentation, not specifically requested. The IRS agent at the TAC didn't actually need it, but they appreciated that we were thorough. The main documents they cared about were the passport for identity verification and the marriage certificate to establish the spousal relationship. One tip - when you call the IRS, ask them specifically about what supporting documents to bring for your situation. They can give you a personalized checklist based on your circumstances, which really helped us feel prepared for the appointment.

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Has anyone used the primary residence exclusion in this type of situation? If he lived there 2 out of 5 years before the "buyout," could he exclude his portion of gain under the $250k exclusion?

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Chloe Wilson

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Yes, this is an important consideration! If he met the ownership and use tests (owned and lived in the home as his main residence for at least 2 out of the 5 years before the interest was disposed of), he could potentially exclude up to $250,000 of gain. In this case, it sounds like he might have taken a loss rather than a gain, but the timeline matters. The 5-year lookback period would start from when he effectively "sold" his interest (the buyout), not the final sale date of the house. So if he lived there for at least 2 years before accepting the buyout payment, he would qualify for the exclusion if there had been a gain.

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This is a tricky situation but definitely manageable with proper documentation. Since your brother's name remained on the deed, he'll need to report this on his return even though he didn't receive proceeds from the 2024 sale. The key is treating the buyout as his actual "sale date" rather than the 2024 transaction. On Schedule D, report his cost basis as his original investment in the property, and his proceeds as the $15,000 he received during the buyout. Include a statement explaining that he disposed of his interest in [year of buyout] and received full compensation at that time. Make sure to keep all documentation from the original buyout agreement - this will be crucial if the IRS has questions. You'll also want to get the sale details from his ex (sale price, date, etc.) to properly complete the forms, even though his "sale" technically happened years earlier. The good news is that if he lived in the home as his primary residence for 2+ years before the buyout, he may qualify for the primary residence exclusion on any gain (though it sounds like he likely has a loss anyway). Consider consulting with a tax professional if the numbers are significant, as this type of split ownership situation can have nuances that are worth getting right the first time.

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AaliyahAli

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I'm in the same boat with my mobile grooming business! Question for anyone - if I'm only making around $500/month from this side hustle, do I really need to bother with quarterly payments? Can't I just pay it all when I file my taxes next year?

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It depends on your overall tax situation. If you have enough tax withheld from another job to cover your total tax liability (including this additional income), you might be fine without quarterly payments. However, if you'll owe more than $1,000 at tax time due to this additional income, you should make estimated payments to avoid an underpayment penalty. A good rule of thumb: set aside 25-30% of your self-employment profits for taxes, and if that will add up to over $1,000 for the year, start making quarterly payments. The next due date is January 16th for the final quarter of this year.

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Emma Thompson

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Just wanted to share my experience as someone who's been doing pet sitting for about 3 years now. When I started, I made the mistake of not setting aside money for taxes and got hit with a big bill at tax time plus penalties. Here's what I wish I'd known from the beginning: Open a separate savings account just for taxes and automatically transfer 25-30% of every payment you receive. This way you're never scrambling to find tax money later. For quarterly payments, you can actually adjust them as you go. If you're making more than expected, increase your next payment. If business is slower, you can reduce it. The key is staying ahead of it rather than playing catch-up. Also, keep a simple log of every job - date, client name, amount paid, and miles driven. I use a basic notebook that stays in my car. At tax time, this makes everything so much easier when filling out Schedule C. One more tip: Consider getting general liability insurance if you haven't already. It's tax deductible and protects you if something happens while you're caring for someone's pet. Mine costs about $200/year and gives me peace of mind.

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This is such solid advice! I'm just starting out with pet sitting and was feeling overwhelmed by all the tax stuff, but your point about the separate savings account is brilliant. I never thought about automatically transferring a percentage right away - that would definitely prevent me from accidentally spending tax money. Quick question about the liability insurance - do you have any recommendations for companies that offer good rates for pet sitters? I've been putting off getting insurance because I wasn't sure where to start looking, but $200/year sounds pretty reasonable for the peace of mind. Also, love the idea of keeping a notebook in the car. I've been trying to remember to log everything when I get home but half the time I forget the details by then.

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For liability insurance, I use Pet Sitters Associates - they specialize in pet care businesses and my policy runs about $185/year for $1M coverage. Business Insurers of the Carolinas and Pet Care Insurance are other good options to compare rates. The automatic transfer thing was a game-changer for me! I set up my bank to move 28% of any deposit over $20 into my tax savings account. It's completely hands-off now and I never have to worry about having enough set aside. And yes, definitely keep that notebook handy! I learned the hard way that trying to recreate mileage logs from memory during tax season is basically impossible. Now I just jot down the basics right after each job while it's fresh in my mind.

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Hey Max! I totally get the panic - been there myself. The good news is that for just 1-2 days late, you're looking at a really minimal penalty. The IRS charges 0.5% per month (calculated daily), so for a couple days you're talking pennies to maybe a few dollars depending on what you owe. But here's the thing - don't stress too much about it. If you do get hit with a penalty, the First Time Penalty Abatement that others mentioned is basically a get-out-of-jail-free card if you've been compliant for the past 3 years. I used it myself about 2 years ago when I had a similar situation (also due to a family emergency, ironically). The IRS approved it without any questions - didn't even need to provide documentation about the emergency. Just called and said "I'd like to request First Time Penalty Abatement for this penalty" and they took care of it on the spot. Your family emergency is totally understandable and these things happen. Don't beat yourself up over it - you'll get it sorted out!

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Rhett Bowman

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Thanks Lucas, this is really reassuring! I was literally losing sleep over this thinking I'd ruined my perfect payment record. It's good to know that even if there is a penalty, it won't be some massive amount that destroys my finances. The family emergency angle is exactly what happened to me too - my dad had to go to the ER unexpectedly and between hospital visits and coordinating with family, taxes were the last thing on my mind until it was too late. I'm definitely going to try the First Time Penalty Abatement route if needed. Did you call right away after getting the penalty notice, or is there a specific timeframe you have to request it within?

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Don't panic! I was in almost the exact same situation last year - payment was 2 days late due to a banking issue. The penalty was literally $3.47 on a $2,800 tax bill, so we're talking pocket change here. What really helped me was calling the IRS practitioner priority line (if you have a tax pro help you) or the regular taxpayer line early in the morning. I got through around 7:15 AM and the agent was actually really understanding. Just mention you've never been late before and ask about First Time Penalty Abatement - they pulled up my record, saw I had clean history for 3+ years, and removed it immediately. The key is being proactive. Even if you don't get a penalty notice (which you might not for such a small amount), you can still call preemptively if you're worried about it. The IRS agents deal with way worse situations daily, so a responsible taxpayer who's 1-2 days late with a good explanation isn't going to raise any red flags. Hope this helps ease your stress! Family emergencies definitely count as reasonable cause if you need to go that route.

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This is such helpful advice, Lauren! I'm actually dealing with a very similar situation right now - my payment was about 2 days late due to a bank transfer delay. Reading all these responses has been a huge relief because I was convinced I was going to face some massive penalty. The $3.47 penalty on a $2,800 bill really puts things in perspective. I was imagining hundreds of dollars in fines! And it's good to know that calling proactively is an option even before getting a notice. I've been putting off calling because I wasn't sure if I should wait to see if they even charge me anything first. One quick question - when you called and mentioned it was due to a banking issue, did they ask for any documentation to prove that, or did they just take your word for it when processing the First Time Penalty Abatement?

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StarStrider

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Anyone know if TaxAct has a way to see if it was actually transmitted to the IRS beyond just the email? I'm in the same boat, filed 2 weeks ago and still pending!

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TaxAct has an e-file status page in your account. Go to your account, find your 2024 return, and click on "Check E-file Status". It should show "Transmitted to IRS" even if it's still pending acceptance. There's also usually a timestamp of when it was transmitted.

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Manny Lark

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I went through this exact same worry last month! Filed with TaxAct and it stayed "pending" for almost 2 weeks. What really helped calm my nerves was understanding that "pending" doesn't mean there's a problem - it just means the IRS hasn't finished processing yet. The key thing to remember is that your filing date is locked in when you hit submit in TaxAct, not when the IRS finishes processing. So even if it's still pending after May 17th, you're not late as long as you submitted before the deadline. I'd suggest checking the IRS "Where's My Refund" tool - it often shows acceptance before the tax software updates. And definitely don't file a paper copy unless you get an actual rejection notice. Duplicate filings can create way more headaches than just waiting for the electronic processing to finish. Hang in there - the waiting is the worst part, but TaxAct is reliable and your return is almost certainly fine!

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