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-   -   Self on H1 and spouse on H4. Filing tax first time (https://www.askmehelpdesk.com/showthread.php?t=64139)

  • Feb 19, 2007, 01:38 AM
    aksing
    Self on H1 and spouse on H4. Filing tax first time
    Hi,

    I am working here in California, since last five years on H1B visa. I got married in India in Dec, 2006. My wife is still back in India and she will join me on April 8, 2007. I have few questions about filling Tax for 2006.

    1) Can she apply for ITIN (W7 form ) from India ?

    2) Will I file tax as a single or married for 2006 ?

    3) If married married filling jointly or married filling separately.

    4) I am sure that she will not be counted as dependent for 2006 since she didn't visit US in 2006.

    5) Since she will come here in April, and getting the ITIN will take 4~6 how should we do tax. Any advise will be appreciated. Please send me the answer at my e-mail too [email protected]


    Thanks,
    [email protected]
  • Feb 19, 2007, 10:28 AM
    AtlantaTaxExpert
    1) In a way. She can download the Form W-7 from Internal Revenue Service, complete it, print it, sign it and attach a notarized photocopy of her passport. You need to send the return to her for signature, then she can mail the return to Austin, Texas for processing.

    2 & 3) File Married Filing Jointly.

    4) You will not claim her as a dependent; you are filing jointly. To file jointly, her physical location is irrelevant.
  • Feb 20, 2007, 12:10 AM
    aksing
    Tax Expert:

    Thanks a lot for answering this. Still I am not sure how to go forward with this.

    1) In form W7 (6d) Entry date in US ? Since she is not yet in US, what date she should provide from India ?

    2) Does she has to apply for W7 right now or that will be accompanied with Tax return ?

    3) Software like turbotax will not let you file online if ITIN number of spouse is missing.

    4) What kind of notarized photocopy is accepted, as she will be doing that from India ? Does IRS accept that.

    Thanks a lot.
    Akhilesh
  • Feb 20, 2007, 10:49 AM
    AtlantaTaxExpert
    1) Leave it blank.

    2) Send it with the tax return; that is normally the only way the IRS will accept it.

    3) You cannot efile a return with an ITIN application. It must be mailed to the ITIN Center in Austin, Texas (address in W-7 instructions).

    4) The BEST notarization is that provided by the U.S. Consulate office. However, In my opinion, the IRS will accept any official notary seal.

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