Hi,
I am having L1B visa and my spouse and kids are on L2 visa. I am having my SSN. I work in NY and stay in NJ. Do I need to get ITIN for spouse and Kid for federal and state Tax both ?

If Yes, When can I apply for ITIN for dependent?I will really appreciate, If any one can brief me about procedure , how can I get ITIN?

Many thanks .

Regards,
SK Srivastava

If you meet Substantial Presence Test, then you can file a resident return as Married Filing Jointly. You will get standard deduction of $10,700 and exemption for both of you for $3,400 each. You will also get exemption for your kids and even Child tax credit of $1000 for each kid.

With your tax return you will attach W7 (ITIN) forms for your spouse and kids.

Let me expand on this just a bit.

Even if you do not meet SPT, you CAN file jointly with your wife, but you must wait until you meet SPT in 2008 before you can file. Both you and your wife must sign a statement that says you meet SPT and choose to be treated as resident aliens for all of 2007. This will also require that you and your wife claim ALL world-wide income for 2007.

When you submit the W-7s, you must attach a notarized photocopy of your wife and child's passport. This can be done at your local bank.

If you need professional help, contact me at the email below.