LATE US TAX FILING (Filing married - UK Cit spouse does not have SSN)

Hello, all!

I am freaking out a little bit..

I am self-employed (working for a US company remotely from the UK since Oct 2019). I finally received my 10.99 form and am JUST now finishing filing my US taxes online (I know, SO late). However, I have run into a problem. I am filing 'Married Filing Separately' this year and it is asking me to enter my spouse's SSN or ITIN, which my husband does not have as he is a UK Citizen and has never been to the US.

In order to receive an ITIN for him, I must fill and post a W-7 to the states, along with other documents, which can take up to 11 weeks for him to receive an ITIN, and by the time, the US taxes deadline will be over (ends this Wednesday, July 15).

Would I be better off changing my return and filing 'Single' instead? I am terrified of the IRS coming after me if I make a mistake or don't file. I know I am late on filing, but I want to make sure I do it correctly so this doesn't fall back on me in the future. 

Thanks to whoever is reading and can help me!

-Yanomy

You print the return and write NRA in that field. You have to file married filing separately or its an invalid return!

Have you been paying UK tax and NI on all of the US income? You'll need to claim foreign tax credits. I genuinely recommend using an accountant because it's not super straightforward to work in the US and live in the UK. You can request an extension for the 2019 US taxes until October if you need time to file the UK portion.

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You print the return and write NRA in that field. You have to file married filing separately or its an invalid return!

Have you been paying UK tax and NI on all of the US income? You'll need to claim foreign tax credits. I genuinely recommend using an accountant because it's not super straightforward to work in the US and live in the UK. You can request an extension for the 2019 US taxes until October if you need time to file the UK portion.

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Ahh, thankyou. Do you recommend any good accountants to help with both UK/US taxes?? I'm afraid they might not take my case as I am SO late.

Ahh, thankyou. Do you recommend any good accountants to help with both UK/US taxes?? I'm afraid they might not take my case as I am SO late.

You request the extension online and then you have til October 15th, and then you can extend further if needed. Unfortunately I don't have a recommendation on accountants, but there are a few members who may have a suggestion. I'd be most concerned with getting the UK side of things correct.

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It seems questionable from the brief description if you are self-employed at all. HMRCs status checker is not the law by any means; but not a bad place to start: https://www.gov.uk/guidance/check-employment-status-for-tax.

An ITIN is not required, nor would it arrive within 11 weeks because of COVID-19. If you decide that the engagement is indeed one of self-employment, the activities would be reported to the IRS on Schedule C and Form 8858.  You'd also want to attach a certificate of coverage that you'd get from HMRC to the US return.

Ahh, thankyou. Do you recommend any good accountants to help with both UK/US taxes?? I'm afraid they might not take my case as I am SO late.

Hello, maybe I can help you out. I've been filing US tax returns for people living in the UK for years and I do work with a few accounting firms in the UK. Feel free to send me a message if you would like my assistance.

Golden Rules for choosing a great tax professional when in the UK:
1. QUALIFICATIONS
Do not be shy! Ask if they are members of professional bodies in both the US and UK and if so, which ones and for how long.
2. COST
Ask what they charge!
3. COMFORT
Pick one who is dually US/UK qualified (so you know that the tax preparer is regulated in both the US and the UK) and who you feel you can get on with. This is a personal choice so call a few firms before deciding...