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    fs925's Avatar
    fs925 Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 18, 2008, 02:06 PM
    ITIN for spouse of non-resident alient?
    I came to US in July 2005 with F1 visa. Now I am on OPT. I filed 1040NR form for federal tax. I can't apply ITIN for my wife because I believe I am a non-resident alien and a non-resident alient can't file jointly.
    Now I want to file jointly for state tax because I can be treated as a resident in MA. My question is: how can I get a ITIN for my wife if we can't file jointly for federal tax?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    May 2, 2008, 10:01 AM
    Double check your facts. The states typically require you file the state return the same way you file the federal return, which would be Married Filing Separately in your case.

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