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

Bindu:

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

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.