Hi,

I am on H1B for past 3 years and got married last September 2007 and my wife is on H4. She did not have ITIN when I filed for return in April 2008 and had to file as Single and could not claim her as dependent (as advised by my Tax Consultant).

I filed ITIN for my wife and yesterday I received the Rejection letter saying I did not attach any Tax filing with it. I have already got return of the Tax filed in April 2008, now I want to get my wife's ITIN so that I can claim her as dependant and file for amended return. My question is:

1. Should I send IRS the new application for ITIN with my amended Tax return file or should I first send a copy of my April 2008 return with her application and wait for ITIN to arrive and then file for amended return.

2. Will I have to pay any penalty or interest on the amended return filing.

Thanks,
I

lawanwadee

mikedoug

Hi,

I've been in the same situation.
Forget the attorney. Anyone who can be claimed as a dependent on your tax return can
get an ITIN. Just make sure you include an amended or new (not previously filed) tax return
with the form. Since you now have a dependent who doesn't make any money you will
significantly reduce your tax and you will get a refund.