H1B non resident and spouse on H4 - when to file tax returns

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knareshkumar

Mar 4, 2009, 09:10 AM

Hi,
I am on H1B and my spouse on H4.
We came to US on August 6th 2008. We are considered non residents under substantial presence test.
So, Shall I apply for automatic extension?
When should we apply for ITIN for my spouse?

Please answer.
Thanks.

MukatA

Mar 4, 2009, 10:45 PM

Are you filing nonresident tax return or filing joint return as residents?

knareshkumar

Mar 5, 2009, 10:26 AM

Are you filing nonresident tax return or filing joint return as residents?

I would like to file joint return as residents, because I can get more refund.
But, until May 15th we are considered as non residents under substantial presence test.
Please correct me if I am wrong.

So, Shall I apply for automatic extension? and When should I apply for ITIN for my spouse?

Thank you very much for your time and reply.

MukatA

Mar 6, 2009, 12:06 AM

Apply for extension for both federal and state returns. File W7 (ITIN application) with your tax return.