Hi ,

I am on H1 visa and will be going to India to get married in Dec2007. I will be returing in feb but my wife will join me In march. My question are as follows

1> I am getting married in last month of 2007 and also my wife not be coming to US in year 2007 , Will I be able to file Taxes for year 2007 as married jointly to get tax benefits.

2> If answer to above question is yes, what needs to be done so that I can initiate the same before she comes next march.

3>She is earning in India . Does jointly filing tax will mean her indian salary will be considered , if yes what is the process .

Thanks
Amishe

1) Yes. Your marital status on 31 Dec 07 counts for the ENTIRE year.

2) Make a photocopy of her passport and get it certified by the U.S. consulate in India. Then, download and complete Form W-7 from Internal Revenue Service and have yor wife sign it. That way, you can apply for her ITIN when you file the joint return.

3) Yes, if you file jointly, her India-sourced income WILL be subject to U.S. taxes, but there will be a Foreign Tax Credit (Form 1116) available to you.

Quote:

---

Originally Posted by amishe800

Hi ,

I am on H1 visa and will be going to India to get married in Dec2007. I will be returing in feb but my wife will join me In march. My question are as follows

1> I am getting married in last month of 2007 and also my wife not be coming to US in year 2007 , Will I be able to file Taxes for year 2007 as married jointly to get tax benefits.

2> If answer to above question is yes, what needs to be done so that I can initiate the same before she comes next march.

3>She is earning in India . does jointly filing tax will mean her indian salary will be considered , if yes what is the process .

Thanks
Amishe

---

Awesome , Thanks AtlantaTaxExpert.. will get back to you if I will need professional help at time of taxc filing.

Thanks Once again

Glad to help!

Hi ,

My situation is changed a little . I am currently on H1B visa but will be going to India in Dec and will not be coming back in year 2008 .

Do I need to be in US to file refund claim for my wife?

Secondly ,you suggested to file for ITIN of wife along with my tax return next year by filling W7 form but what I need to put in the column 6f in W7 form , which says enter ITIN as there is no option applied for... I am kind of confused .

Thirdly , IRs will send the ITIN In mail but I will not be having any address in USA at that time so how will I going to receive the same.

Fourthly , IRS says they send ITIN after 4 weeks, what I need to do the with the ITIN as I must have filed the returns by then .

Sorry for the big question but looking for your help.

Thx ,amishe

Amishe:

When EXACTLY are you leaving, and HOW LONG have you been in the U.S. Critical dates that I need to know.

Field 6f needs to be completed ONLY IF you previously had an ITIN. If not, leave it blank.

The IRS WILL send the IRS to your foreign address, which they ask for in field #2.

Keep the ITIN in the event you and your wife come back to the U.S. I believe they are good indeifinitely if they are used to file federal tax returns. They go inactive after a set period of not being used.

Hi ,

I came here in Jun 05 and filed taxes for year 05 and 2006. Now I want to go back this December and not have any immediate plans to come back .

I am getting married in Dec 07 so wanted to file the taxes for year 2007 as joint status.
Now as my wife has never been to us she don't have any ITIN .

I will be applying for her ITIN along with my Tax return this year . I just need to know the process.


Thanks , Amishe

Amishe:

If you want to file jointly with your wife, you must be present in the U.S. on 31 Dec 07.

Otherwise, you do NOT qualify for the First Year Choice filing option under which you can file jointly.

Sorry!