Ask the taxgirl: Spouses, Military and ITINs

2008 August 3

Taxpayer asks:
I am serving in the military in Hawaii. My wife is not a US citizen and she has an ITIN number. I’ve read on the internet, including on your blog, that I will not qualify for the stimulus check because she is not a citizen. But my CO says I will. Who is right?

Taxgirl says:
Your CO! (Like you thought I’d argue with a Commanding Officer!)

Actually, it is true that filing a joint tax return with a spouse who has an ITIN makes you ineligible to receive a rebate check. However, there is an exception for military personnel.

According to the IRS website, those payments will be mailed in November.

It’s a wait, but at least you qualify!

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!

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