H4 Visa - Tax ID Number

sanjay_kapasi · #1 Jan 27, 2006, 11:37 AM

Hi,

I'm on on H1 Visa since last 5 years working for same company. I've been filing my tax returns as a Resident Alien.

Last year I got married and my wife came from India on H4 visa. She is Indian citizen. She is living in US from Feb 2005 onwards. In July of 2005, I applied to IRS to get her Individual Tax Identication Number(ITIN) as she is not eligible for SSN. IRS send me the documents back saying that I need to apply with my tax returns for 2005.

My first question is that currently when I file my 1040, can I claim her as dependent ? She has no income for 2005 as she is on H4.

If I can claim her as dependent with no income then do I need to wait to get her ITIN first or can I file my 1040 (claiming her as dependent) at the same time I apply for her ITIN ? I guess I don't understand the order here. It would be great if someone can explain me the procedure here.

Last question I have is regarding tax withholding from employer. Currently, in my W4, I'm categorized as "Single" because the Line Item 3 states that if your spouse is "Non Resident Alien" then check "Single". As I'm a resdient alien now for tax purposes (even though I'm still on H1), is my spouse considered a resident alien or she is still non-resident alien. I would certainly like to be filed as married as it might withhold less taxes for me from the paycheck.

Does anyone have comments on this ?

I really appreciate everyone's help here.

Thanks

sanjay_kapasi · Jan 27, 2006, 08:53 PM

Hi AtlantaExpert:

Thanks a bunch for the prompt response. I really appreciate the help.

I will be using TurboTax to fill out 1040 and then print it and submit it with W7. I usually do the E-File but I guess this year I will have to send it by mail.

Thanks again.

Sanjay

saminathan_b · Feb 1, 2006, 10:33 PM

Hi Tax Expert,

I am in the similar situation as Sanjay.But my problem is i could not prepare a tax return using any of the tax software because it does not allow me to add my wife as a dependant(since she is on H4 visa). I met couple of local tax consultant(including HRBlocK),no body understands my situation.

Could you please provide some suggestion.OR could you suggest some tax consultant who is expert on W7 and Resident alien situation.

Also,do you provide a service for preparing.If so,could you please let me know,this is my email id [email address]

Thanks and Regards
Saminathan

kandukondein · Feb 13, 2006, 01:38 PM

Hello AtlantaTaxExpert,
I am in the exact same scenario as Saminathan. My Email id is [email address]

. Can you please tell me how to proceed.
I filled my returns last year using Turbotax online. But this time Turbotax says that i cannot report my wife as dependent. How to proceed with it. Do i need to go for paper based forms? I would appreciate if you reply me.
Thanking you
Kandukondein
My Email:kandukondein@yahoo.com

wisperer · Feb 13, 2006, 06:04 PM

Hi,
I am also in a similar situation. I am on H1 visa, while my wife came to US on H4 visa on Nov 20th. So she does not qualify to be a dependent based on the 'substantial presence test'.

Does that mean I can file for taxes as 'married filing jointly' ? I normally fill 1040EZ form when I was single. Would I still be able to use it or do I need something else?

Kindly advise...

Thanks!

AtlantaTaxExpert · Feb 14, 2006, 01:14 AM

Wisperer:

Even though your wife does not qualify as a resident alien, YOU do, so you can file married filing jointly and she will be treated as a resident alien.

cshah · Feb 20, 2006, 01:46 AM

Hi,

What if I got married in December '05 and my wife will not be coming till Nov'06, can I still file jointly for 05?

Thanks in advance for your help,
cshah



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