Hi,
I need help badly. I have not filed returns since 2003. I had some serious personal problems during March-April in 2004, and couldn't file my returns. It somehow slipped out of my mind later and it just kept piling on to me year after year. So basically I need help in filing all the returns now. (I know, probably this is the worst late filing case )

Fortunately, for all the years, I will be getting my money back, and came to know that I can file anytime upto 3 years, which added to my procrastination. I am hopeful that this website will help me with this task, especially AtlantaTaxExpert, who has done an exceptional favor to the community. I know you guys must be busy with the last minute filings, but please help. I have tried to put the message as clearly as possible, but if you need any more information, please let me know.

I am on H1B since Sept-2004 and I was on F1 before that since Aug-2000. I have only left the country for 40days Max in each year. I am listing (in numbers) my questions so that it would be easier to answer them and also it would be good information for people in my situation in future (if any !!).

My details:
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• Aug 2000 - Sept 2003 : F1 Visa
• Sept 2003 - Sept 2004 : OPT (F1 Visa). (My Wife joined me in May 2003 on F2)
• Sept 2004 - Current : H1B. (My wife is on H4).

Questions:
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1. Taxes For year 2003:

a. What form can I use? (I guess 1040NR or can I use 1040NR EZ).
b. What status I will be under? (Married Non-resident Alien ? )

- I assume I can't use resident alien on F1 visa as I don't qualify (less than 5 years in US).

- If I qualified for Resident alien, I could have claimed for my tuitions as well, right?

c. Assuming that I use 1040NR or (EZ) as married Non-resident Alien

- I can claim $4750 Itemized deduction as per India-US treaty ?

- I can claim under India-Us treaty for only 1 person ?

d. On line 37, (Exemptions), I am will be putting 2 exemptions for me and my wife. ($3050 * 2 = 6100)
e. I will be submitting W-7 form along with this

Please suggest if it is correct.

2. Taxes for Year 2004:

(Based on ATE's post at: http://www.askmehelpdesk.com/taxes/h...xexp-8676.html)

A. Form: 1040NR ?
B. Status: Married Non-Resident Alien (Because my H1 was done after July 2004, I don't qualify for dual status)?
C. I guess I can use US-India treaty to claim Std. Deduction. Please suggest if it correct.


3. Taxes for year 2005:

a. Form 1040A
b. Status: married Resident Alien.

4. Taxes for year 2006:

I am using a software to prepare this one. So i don't have any questions currently.
It is almost same as for Year 2005.


Few More Question:

1. Can I submit all these returns togeather into one packet? Or do I submit them separately?
2. ITIN : I need ITIN number for my wife. I can add a W-7 with 2003 federal returns, but what can I do for the remaining years? Can I just write "Applied" on those and submit?
3. STATE Taxes: Can I get money back on my State Taxes as well? All my state tax returns are for ILLINOIS. And is there any fine on for Late State Tax filings?

Thank You,
And Please help.
DSD

dsdeena

No replies

Could someone atleast look at the my 2003 return questions. So that I don't miss the deadline for it.

Please help..

AtlantaTaxExpert

DsDeena:

Because of the deadline for the 2003 return, I will answer your posting out of order.

FOR 2003:

Since you are Indian, file Form 1040NR and claim your wife as a dependent. If she does NOT have an ITIN, you need to submit for one using Form W-7. Use the most up-to-date version of W-7 and mail this return to the ITIN processing center in Austin, Texas.

Since you are Indian, you can claim SINGLE standard deduction of $4,750. You CANNOT file jointly with your wife using Form 1040NR.

Note that you MUST MAIL this return by SATURDAY. MONDAY IS TOO LATE!! Mail this return BY ITSELF using Certified Mail Return Receipt and make sure it is postmarked for today, tomorrow or Saturday.

FOR 2004:

Wait until you get the ITIN back for the 2003 filing, then file jointly with your wife under the First Year Choice option. Mail the 2004 return to the IRS Center in Austin, Texas (NOT the same address as the ITIN Processing Center, though it is probably the same facility.

For 2005:

Form 1040A is the correct form to file, though you can probably file Form 1040EZ as well.

For 2006: Same as 2005.

1) Submit them separately, in separate envelopes. The IRS has been known to lose returns that are combined in one envelope.

2) As noted above, you need to wait. You will probably be able to file sometime in May.

3) File the 2003 Illinois return jointly with your wife and put the word APPLIED FOR where her SSN would go. It may get rejected, but then you would have an argument that you filed in time for the refund when you re-file with the ITIN. For the following years, wait for the ITIN.

dsdeena

Thank you ATE. You are just wonderful!!
Appreciate you timely help. I think you are the best Tax expert I have seen on the web.

I am sending my 2003 returns tomorrow morning. And will wait (not longer this time) for the ITIN to send the remaining ones.

Thanks again.
dsd

AtlantaTaxExpert

Glad to help!