How to efile this return?

[ldreyna]

For me, this is a new situation--

Tp is married to an alien wife (from Mexico). He is a citizen of U.S. w/ SSN. They have a daughter, not a citizen. Has ITINs for both wife and daughter. He completely supports his wife and daughter. Wife does n ot work.

According to what I have read, his wife and daughter qualify as dependents because she has no income and Tp supports them 100% while they live in Mex. and he lives here. I was filing him with status mfs, putting her ID# in spouse ssn and also putting her down as a dependent. When I try to create efile, it wont let me saying that the spouse and dependent social #s cant be the same.

Since he is filing mfs, her ID# has to be included on top, and since she is also his dependent, her ID# is also in this section. So my question is, how can I create efile, or if I cant, do I mail this return? Maybe this is the wrong filing ststus to file.

Does anyone have any suggestions? Any help would be appreciated.

Thanks,

Larry

[kcjenkins]

Why not file him MFJ?

[Terry D EA]

I have the same question as KC? Your clients are married and have two choices either MFS or MFJ even if she is in Mexico, they are still married with either status. MFS has the ugliest tax consequences. File the return MFJ. By the way, the program is right when it says you cannot use the SSN in both places.

[ldreyna]

dont they have to live together to file mfj?

[Pacun]

To the best of my knowledge, a spouse is NEVER the dependent of the other spouse for tax purposes.

[ljwalters]

NO they do not have to live together

Linda

[ldreyna]

Thanks

[ldreyna]

Thanks

Actually, now I have another quesion- If he files mfj, then how do I get the Sch M to reflect only 400 instead of 800? My understandingm is that you need to have a SSN to qualify. Do I override amount on form?

[Pacun]

Actually, now I have another quesion- If he files mfj, then how do I get the Sch M to reflect only 400 instead of 800? My understandingm is that you need to have a SSN to qualify. Do I override amount on form?

Only one of the tax payers needs to have a valid ss# to qualify for the $800 when filing MFJ.

[ldreyna]

Only one of the tax payers needs to have a valid ss# to qualify for the $800 when filing MFJ.

Thanks for the reply