Hi,

My husband and I got married in August 2008. We filed with immigration in Dec 2008. It is now tax time; a tax id # still has not arrived for him.
How in the heck do I file taxes?
Should I file 'Single' and not as married? He is a dependent, but there is no tax id to report for him?

Thanks

Confused :o

Hi,

First, you need to file as married.
In short, just file a joint return regularly but leave your husband tax ID blank. File a W-7 form for him and send together with the rest of your paperwork. When IRS process your files, they will issue your husband an ITIN (tax ID) and apply to your files.

Another thing is your spouse is never considered your dependent. You can claim exemption for yourself and your spouse, but not by filing him as dependent.

Anthony Bu
IRS VITA, SPEC area 3

Quote:

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Originally Posted by alexandrea5

Hi,

My husband and I got married in August 2008. We filed with immigration in Dec 2008. It is now tax time; a tax id # still has not arrived for him.
How in the heck do I file taxes?
Should I file 'Single' and not as married? He is a dependent, but there is no tax id to report for him?
Thanks
Confused :o

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If you are a U.S. citizen or resident, you can only file as married filing jointly or married filing separately.
If you file as married filing separately, you can claim exemption of your spouse only if she did not earn more than $0 in 2008.
About tax id. Did you apply for SSN or ITIN? If you are a visa holder, then your visa and when did you enter the U.S.

If you applied for a SSN, you must wait for the SSN.

Do NOT apply for an ITIN, because the application will be cross-checked with the pending SSN applications and then be rejected for that reason.