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ITIN & Tax Returns

I came to US on H1 in the month of march 08 and working since July 08 in Texas. I have my wife and new born (nov born) as dependent.

1. Do I need to get ITIN # for my wife
2. am I eligible for any any tax benefit as I have two dependents. (if yes - how do I go about it)
3. How can I file the tax returns for this year.

Thanks a lot AtlantaTaxExpert :)

1) Yes, by filing Form W-7 with a notarized photocopy of her passport stapled to the W-7. The Form W-7 is submitted with the tax return, and mailed to the ITIN Processing Center in Austin, Texas.

2) Yes, by filing jointly with your wife using Form 1040A or 1040. You also need to attach a statement to the return saying that you and your wife BOTH choose to to be treated as resident aliens for all of 2008. By making this statement, you make ALL of your worldwide income earned in 2008 subject to U.S. taxes. You can claim a Foreign Tax Credit (Form 1116) for foreign income taxes paid on the foreign income.

3) Email me at the below email address and I will quote our fees for the return noted above.

Quote:

Originally Posted by AtlantaTaxExpert

1) Yes, by filing Form W-7 with a notarized photocopy of her passport stapled to the W-7. The Form W-7 is submitted with the tax return, and mailed to the ITIN Processing Center in Austin, Texas.

2) Yes, by filing jointly with your wife using Form 1040A or 1040. You also need to attach a statement to the return saying that you and your wife BOTH choose to to be treated as resident aliens for all of 2008. By making this statement, yu make ALL of your worldwide income earned in 2008 subject to U.S. taxes. You can claim a Foreign Tax Credit (Form 1116) for foreign income taxes paid on the foreign income.

3) Email me at the below email address and I will quote our fees for the return noted above.

I don't see your email address

Thanks for your reply.

Glad to help, and I have responded to your email.

Quote:

Originally Posted by AtlantaTaxExpert

Glad to help, and I have responded to your email.

Please let me know which category I fall into:

1. Nonresident alien required to obtain ITIN to claim tax treaty benefit
2. Nonresident alien filing a U.S. tax return
3. U.S. resident alien (based on days present in the United States) filing a U.S. tax return
4. Dependent of U.S. citizen/resident alien
5. Spouse of U.S. citizen/resident alien
6. Nonresident alien student, professor, or researcher filing a U.S. tax return or claiming an exception
7. Dependent/spouse of a nonresident alien holding a U.S. visa
8. Other:______________

For your wife's W-7, pick #5.

For your CHILD's W-7, pick #4.

Quote:

Originally Posted by AtlantaTaxExpert

For your wife's W-7, pick #5.

For your CHILD's W-7, pick #4.

My child already has SSN.
Thanks a lot!!

Quote:

Originally Posted by AtlantaTaxExpert

1) Yes, by filing Form W-7 with a notarized photocopy of her passport stapled to the W-7. The Form W-7 is submitted with the tax return, and mailed to the ITIN Processing Center in Austin, Texas.

2) Yes, by filing jointly with your wife using Form 1040A or 1040. You also need to attach a statement to the return saying that you and your wife BOTH choose to to be treated as resident aliens for all of 2008. By making this statement, you make ALL of your worldwide income earned in 2008 subject to U.S. taxes. You can claim a Foreign Tax Credit (Form 1116) for foreign income taxes paid on the foreign income.

3) Email me at the below email address and I will quote our fees for the return noted above.

I have few questions:

Quote:

"Yes, by filing Form W-7 with a notarized photocopy of her passport stapled to the W-7. The Form W-7 is submitted with the tax return, and mailed to the ITIN Processing Center in Austin, Texas."

Can I apply for ITIN now or do I need to wait until I submit my tax returns for 2008.

My daughter alerady has SSN so I don't think I need to file W7

Thanks

You need to wait until you file your 2008 tax return.

The only time the IRS issues an ITIN without the ax return is if you can show an immediate need for the ITIN, such as to open a bank account or to attend school.