Hi,
I have come to US on H1B in Oct 2005. This is the first time I will be filing my taxes. I have a SSN no. I am a software engineer working in CT, USA.

My spouse is on H4 and joined me in Dec 2005. We don't have any children.

From what I have understood after reading other related links in this forum, that my spouse has to fill W7 form and that has to be sent to PA IRS office along with my federal tax returns. IRS office will give ITIN to my spouse which I will use on my state return form? Is that so ? My federal taxes will get filled when I apply for my spouse's ITIN number ? No ITIN number of my spouse is required for filing my federal returns ?

2) I want to know what form do I need to download to file my federal tax returns and from where can I get the form ?

3) IRS office will take abt 4-6 weeks to give me ITIN no after they receive W& form with federal returns. I will use that ITIN number to fill my state returns ? What form will I need for filing state returns. From where can I donwload the form to file state returns? I have been staying and working in CT since Oct 2005.
Will I be able to file my state taxes online or will I have to send the filled form in a mail to IRS office after getting the ITIN number ?

4) My tax filing status will be what ? Married and Filing jointly ?


Thanks

AtlantaTaxExpert

TC:

It's easiest to answer in reverse order!

4) Assuming your wife does not work, you file Married Filing Jointly.

3) Check out the CT state government website to get the correct form. You need to wait until you get your wife's ITIN back from the IRS before filing the CT form, so you have time to figure out which form to file.

2) Almost 100% sure you can file Form 1040EZ.

1) Yes, you do have to file a W-7 with a notarized photocopy of your wife's passport with your Form 1040EZ, The IRS personnel at the Philadelphia PA IRS Center will issue the ITIN, fill it in on the Form 1040EZ and then process your return.

tax_calculate

Thanks a lot for answering my queries.

eemtee

Self on H1 (have SSN) and spouse on H4. when applying for ITIN for spouse which checkbox to check :

a. Nonresident alien required to obtain ITIN to claim tax treaty benefit

b. Nonresident alien filing a U.S. tax return and not eligible for an SSN

c. U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN

d. Dependent of U.S. citizen/resident alien _ Enter name and SSN/ITIN of U.S. citizen/resident alien (see instructions)

e. Spouse of U.S. citizen/resident alien

f. Nonresident alien student, professor, or researcher filing a U.S. tax return and not eligible for an SSN

g. Dependent/spouse of a nonresident alien holding a U.S. visa

h. Other (see instructions)


I am confused between e. and g.

Please advise.

AtlantaTaxExpert

Eemtee:

How long have you been in the U.S.?

eemtee

I've been in the US since 2002. Came here on F-1 and have filed taxes every year since then.

In jan 2004 i got my H-1.

AtlantaTaxExpert

Then check E.

You have to file as a resident alien (Form 1040) because of the Substantial Presence Test. Checkbox E best describes your case.

eemtee

Thank you for all your help.

AtlantaTaxExpert

Glad to help!

solidp

Self on H1 since Feb 2005 (have SSN) and spouse on H4 but not joined me here in the US as yet. when applying for ITIN for spouse which checkbox to check:

a. Nonresident alien required to obtain ITIN to claim tax treaty benefit

b. Nonresident alien filing a U.S. tax return and not eligible for an SSN

c. U.S. resident alien (based on days present in the United States) filing a U.S. tax return and not eligible for an SSN

d. Dependent of U.S. citizen/resident alien _ Enter name and SSN/ITIN of U.S. citizen/resident alien (see instructions)

e. Spouse of U.S. citizen/resident alien

f. Nonresident alien student, professor, or researcher filing a U.S. tax return and not eligible for an SSN

g. Dependent/spouse of a nonresident alien holding a U.S. visa

h. Other (see instructions)

Please advise.