Hi,

I was wondering if anyone could help with an unusual situation that I am in: I just got married 2 months ago to someone who had just acquired an ITIN. My spouse is from Mexico, and we live in Ohio.

1) Which tax form would I use, the 1040 or the 1040EZ? (I make little money, as I am a full-time college student with a part-time job, so in the past I've used the EZ form)

2) Would I file married (separately) or single?

3) Would I have to list his ITIN even though he hasn't reported any income with it yet?

4) I changed jobs earlier in 2005, and they sent me a W-2 under my maiden name. Do I have to file under both my maiden name (old job with 1st W-2) and my married name (new job with 2nd W-2)?


Thank you in advance to whoever can help,

Karen

Karen:

1 & 2) If your personal exemption ($3,200) and your standard deduction
($5,000) exceed the combined income of both your W-2s, then does not matter whether you file as a single person or jointly. You will get all of your withheld taxes back. If your income exceeds $8,200, then you want to file jointly with your new husband because that doubles to exemptions/deduction amounts to $16, 400. In either case, you can use 1040EZ.

3) Yes, you must list his ITIN if you file jointly.

4) Use the name that is on the Social Security database. You have to go to a Social Security loal office with your marriage license to change that name to your married name (if you have not already done so).

Thank you so much! I will definitely follow your advice!

I suppose that since I will file separately, I won't have to list my husband's ITIN (he's uncomfortable giving out his ITIN, although I don't know why :))?

Thanks again,
Karen

That's what we are here for!