Do I need to file a US tax return with W-7 (ITIN) application form?

[elithx]

Hi everyone,


My wife is American, and now a PR. She is filing her taxes (she received an extension to oct 2017), and we found out that I need an ITIN since my SIN will not suffice.

I got received a certified true copy of my passport, and have filled out the ITIN request form, however I am not clear on the following:

"Reason you’re submitting Form W-7. Read the instructions for the box you check. Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions."

Reference: https://www.irs.gov/pub/irs-pdf/fw7.pdf

Instruction doc: https://www.irs.gov/pub/irs-pdf/iw7.pdf

I fall under the (e) category "Spouse of U.S. citizen/resident alien". And when I review the instruction doc, I do not see an exception that I would match. So I am assuming I will need to file a US tax return? This doesn't make sense to me as I have no American earnings. Has anyone gone through this process before? Am I missing something?

 

[HamiltonApplicant]

Hi everyone,


My wife is American, and now a PR. She is filing her taxes (she received an extension to oct 2017), and we found out that I need an ITIN since my SIN will not suffice.

I got received a certified true copy of my passport, and have filled out the ITIN request form, however I am not clear on the following:

"Reason you’re submitting Form W-7. Read the instructions for the box you check. Caution: If you check box b, c, d, e, f, or g, you must file a U.S. federal tax return with Form W-7 unless you meet one of the exceptions."

Reference: https://www.irs.gov/pub/irs-pdf/fw7.pdf

Instruction doc: https://www.irs.gov/pub/irs-pdf/iw7.pdf

I fall under the (e) category "Spouse of U.S. citizen/resident alien". And when I review the instruction doc, I do not see an exception that I would match. So I am assuming I will need to file a US tax return? This doesn't make sense to me as I have no American earnings. Has anyone gone through this process before? Am I missing something?

If you have no income from US sources, you don't need to file tax at all! However, if your spouse wants to include your name for some purpose or other in her US Tax return, she needs to mention your name and ITIN. As far as I understand, your spouse as a US citizen should file her tax in US, There is nothing incumbent on you...

Disclaimer: I am not a tax consultant, but have filed taxes in many countries...