Spouse is NRA - any downside to applying for a TIN for him?

My spouse is a Brit. I have resisted until now asking him to apply for a TIN as I don't want to bring him into the US tax net. I am happy filing married filing separately and have been doing so for over a decade. But it is a nuisance being limited to what tax software I can use because most of them don't allow to e-file when you need to write NRA in the spouse SSN box.

Am I being paranoid or is there really no downside to having him apply for TIN?

TaxAct has an option that says something like my spouse is an NRA and doesn't have an ITIN. You can continue to file MFS if you wish.

Thanks Barcrest. Yes I am using Taxact this year for exactly this reason. But I really don't like it and would prefer to use another software. So I was wondering if it was worth getting the TIN so I don't have this problem. I am however reluctant to bring my spouse into my US tax pain so wanted to check that getting a TIN wouldn't open up another can of worms...

There are good points and then the not so good. Worldwide income, any Premium bond wins, 8938 (if you then meet the threshold). If one spouse earns and the other doesn't, (although the 2555 can be used).

Best to ask yourself why you want to do this and the benefits. Do they outway the negatives? I file MFS as it works well for my circumstances. I'm sure others will have their view on the pros and cons.

If you do elect and subsequently revoke, that's it for life. You can never go back to MFJ...

I think you’ve misunderstood. I have no intention of changing my filing status. I still plan to file married filing separately. With the ITN I can use any tax software I like. I am trying to find out if there are downsides to my British spouse having an ITN.

I'm sure the IRS will not allow the application and the W-7 will be denied. When I filed a W-7 (COA) there were a handful of specific reasons. One was to allow me to file MFJ and I therefore HAD to add my spouse to the return, (as a USC married to an NRA).

Getting an ITIN because of tax prep software choice won't cut the mustard with Uncle Sam.

Ah ok I didn’t know that. Thanks for explaining.