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 about 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

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.

Thanks a lot for answering my queries.

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.

Eemtee:

How long have you been in the U.S.

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.

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.

Thank you for all your help.

Glad to help!

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.

Select item E.

Hi,

I also need to send a W-7 along with my federal return, which I have not sent as of yet.

How do I convey this to the state tax authorities i.e. my wife will not have an ITIN in the next week within which I need to file my return.

Please Advise.

File an extension with the state tax authorities and wait until the IRS issues you the ITIN. Once you get your wife's ITIN back from the IRS, then (and only then) file the state tax return.

Hi,

I forgot to mention that I was on F1 till June and am therefore considered a non-resident alien for 2005.

Can I still file under "Married filing jointly"?

This was the main reason why I was applying for an ITIN for my wife so that I can file jointly with her.

Otherwise, what other options do I have?

Please Advise.

Sorry, I was on F1 till Dec (including Optional Practical Training)

Hi,

I am holding H1B visa living in us since jan 2005 and I am filing tax returns jointly with wife and showing my kid as dependent. Now I am applying TIN number for my wife and kid both having H4 visa. Can you please advice me , what are all the options need to take in these reasons listed in W7 form for my wife and kid ?

a.Nonresident alien required to obtain ITIN to claim tax treaty benefit
b.Nonresident alien filing a U.S. tax return
c.U.S. resident alien (based on days present in the United States) filing a U.S. tax return
d.Dependent of U.S. citizen/resident alien
e.Spouse of U.S. citizen/resident alien
f.Nonresident alien student, professor, or researcher filing a U.S. tax return
g.Dependent/spouse of a nonresident alien holding a U.S. visa
h.Others


Thanks,
Durga

Durga:

Answer on other post: Item E for wife, Item D for child.

Hi,

I am on H1 and my wife is on H4. I am filing the W7 form to get an ITIN for her.
I have one question on the form.
My wife came to the US in Oct 2005. We went to India in Feb 06 and she came back to the US in Feb 06. So the altest I94 shows a Feb entry date.

In the W7 form section 6d - What entry date should I put. Feb06 or Oct 05.

Thanks,
AS

Since the W-7 applies for Tax Year 2005, put Oct 05

I came here on H1B on June 2007, and my wife and son came here on H4 on Dec 17, 2007. Can I claim my son as dependent for 2007?

Hi,
I will get my wife's ITIN in probably next 4-6 weeks. Can I efile in websites like taxactonline for state etax with that itin? Or should I do only manual file as I am filing with "married" status for the first time?

Yes, you CAN efile with an ITIN.

I am in the US under a H4 status and we are at the adjustment of status level. My wife has been filing taxes with me as a dependent. I have employment status in US but I have never worked in the US. I am employed in Canada and spend 150 days a year there working full time in Canada and the rest of the in the US. If my wife filed separately would I be required to file a tax return reporting my Canadian income?

If you file jointly, you MUST claim all world-wide income, to include the Canadian income. However, you CAN also claim the Foreign Tax Credit (Form 1116) for the Canadian income taxes that you will pay.

You also have the option of your wife filing separately (and claim YOuR exemption) while you file ONLY in Canada.

I recommend you calculate the return BOTH ways and pick the one that results in the least amont of tax.

If you need professional help, email me at [email protected].

Hi Atlanta Tax Expert,

I am H1B since Feb 2008 and my got married in Nov 2011 and my wife joined me in Jan 2012. My questions are:

1. Can I file jointly and show my wife as dependent?
2. In W7 form do I select E or G
E. Spouse of U.S. Citizen/resident alien
G. Dependent/spouse of a nonresident alien holding a U.S. Visa
3. As per MA state every individual needs health insurance, but for 2011 my wife was not here and does not have health insurance

Thanks in Advance
Prasad

1) When you file jointly, she is NOT your dependent, she is your co-filer.

2) Choose E.

3) That will be a tricky one. You need to show that she was NON-resident during 2011 on the Massachusetts return in order to avoid the penalty; NOT sure off the top of my head HOW to do that.