Hi

Facts

• I have 3 dependants 2 children and a spouse.
• One child is born in the US and has an SSN.
• My wife and a child do not have a SSN or ITIN.
• We have been in the US fince Jan 2005.
• I have the exemption as 5 on my W-2 withholdings
• I do not need to file any state taxes

Questions

1. Do I file as non-resident alien or resident alien?
2. How do I obtain the ITIN for my wife and child?
3. Do I need the ITIN before I file federal taxes?
4. What is the last date for filing returns?
5. Is there a way I can gain an extension if needed?

Any other information that you believe may be pertininent to the situation would be welcome

Thanks

1) Resident alien.

2) Complete Form W-7 for each, attach a notarzied photocopy of their passports, and submit it with your joint tax return to the address in the W-7 instructions.

3) No.

4) You can file anytime up to 15 April 2010 and still get your refund. If you file after 16 April 2007 and you owe, the penalties will be substantial.

5) File Form 4868. However, the extension is an extension to file, NOT to pay.

Quote:

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Originally Posted by AtlantaTaxExpert

1) Resident alien.

2) Complete Form W-7 for each, attach a notarzied photocopy of their passports, and submit it with your joint tax return to the address in the W-7 instructions.

3) No.

4) You can file anytime up to 15 April 2010 and still get your refund. If you file after 16 April 2007 and you owe, the penalties will be substantial.

5) File Form 4868. However, the extension is an extension to file, NOT to pay.

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David- With reference to 2) above I have one query. As per US tax laws spouse can't be claimed as a dependent. We can claim personal expemption in case of a spouse but no spouse tax credit is available. Only a child below 17 is considered as a dependent and W7 form for ITIN is required for the child to avail Child Tax Credit. Is it anyuse applying W7 for a spouse.

He is NOT claiming his spouse as a dependent. He is filing JOINTLY with her as a co-equal, which means an ITIN will be needed.