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    BINDUVINU's Avatar
    BINDUVINU Posts: 4, Reputation: 1
    New Member
     
    #1

    Mar 31, 2007, 10:42 AM
    Regarding ITIN application for H4 spouse
    Hi,
    I am an H1-B visa holder, and in U.S since Dec 2005. My husband is on H4 visa and visited U.S from April 17- June 24, 2006. Now when I am filing taxes for 2006, can I apply for w-7 for him, he is not here but in India now. Then can I get the benefits of a married and filing joint return? Then in that case do I have to wait for state tax filing till I hear from IRS- then how does this affect deadline for tax filing , will IRS give an extended time for state tax filing .


    THANKS
    BINDU.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 4, 2007, 12:19 PM
    Bindu:

    You can file jointly with your husband; his physical location is Irrelevant.

    You will need to file Form W-7 with your joint return, and HE MUST SIGN both the return and the W-7, so there WILL be a delay PAST the 16 April 2007 filing deadline for both the federal and state.

    However, if you are getting a refund, there are NO penalties for filing late for EITHER the federal or the state return.

    It will take a while, but you CAN make this happen.

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