Hi,

I am on H1B for past 3 years and got married last September 2007 and my wife is on H4. She did not have ITIN when I filed for return in April 2008 and had to file as Single and could not claim her as dependent (as advised by my Tax Consultant).

I filed ITIN for my wife and yesterday I received the Rejection letter saying I did not attach any Tax filing with it. I have already got return of the Tax filed in April 2008, now I want to get my wife's ITIN so that I can claim her as dependent and file for amended return. My question is:

1. Should I send IRS the new application for ITIN with my amended Tax return file or should I first send a copy of my April 2008 return with her application and wait for ITIN to arrive and then file for amended return.

2. Will I have to pay any penalty or interest on the amended return filing.

Thanks,
I

H-4 holders are not allowed to work in US, so if she wants to have ITIN, she must submit evidence of income that needs to file tax... in this case, better have an attorney handle this matter with the IRS. You would not want to do it yourself...

Hi,

I've been in the same situation.
Forget the attorney. Anyone who can be claimed as a dependent on your tax return can
Get an ITIN. Just make sure you include an amended or new (not previously filed) tax return
With the form. Since you now have a dependent who doesn't make any money you will
Significantly reduce your tax and you will get a refund.