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-   -   1040 NR or 1040? Married filing jointly? (https://www.askmehelpdesk.com/showthread.php?t=333505)

  • Mar 24, 2009, 08:37 PM
    Taxdoubts2
    1040 NR or 1040? Married filing jointly?
    Hello tax experts,

    I've been on H1-B visa since October 2007. On 2008, I lived in US for 344 days, so I meet the substantial present test.

    Last year I filed a 1040NR, but this year I'd like to file a 1040 in order to claim my wife (H4 no SSN) as an exemption.

    - Could she apply for a W-7 and file a joint return?

    - What would be her reason for submitting a W-7?
    (b) Nonresident alien filing a U.S. tax return
    (c) U.S. resident alien (based on days present in the United States) filing a U.S. tax return
    (e) Spouse of U.S. citizen/resident alien
    (g) Dependent/spouse of a nonresident alien holding a U.S. visa

    - Do we need to send a first year resident statement or is that just for dual status?

    I also need to file state taxes. Do I need to wait for my wife's ITIN before filing?

    Thanks in advance for your response.
  • Mar 25, 2009, 12:10 PM
    Five Rings

    In 2008 you were a resident alien by substantial presence.

    To file a MFJ return you need to get your wife an ITIN. Check box e and write in your name and SS number and have a copy of her passport certified. She signs. I suggest you find a certifying acceptance agent in the area you live and have it done correctly the first time. Acceptance Agent Program

    Just attach your tax return and all necessary documents to the W-7 application and send it to the ITIN Unit directly.
    Internal Revenue Service
    ITIN Operation
    P.O. Box 149342
    Austin, TX 78714-9342

    File an extension for your State return paying what tax you think you owe with the extension and send the return in when you get her number.
  • Mar 25, 2009, 07:06 PM
    Taxdoubts2
    Thanks Five Rings. What about the First Year Resident Statement. Do we need to send it as well or is it just for Dual Status? Thanks!
  • Mar 25, 2009, 07:32 PM
    MukatA

    You can file joint return as residents. Attach W7 (ITIN application) with your tax return. Do not file W7 separately.
    On W7 select (e).
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

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