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sunny_2005 · Jan 20, 2009, 10:05 AM

hey...please help

I am on H1-B visa in the US from Feb.2007. I need to file for my wife's ITIN:
1.what documents do I need to submit for her ITIN?
2.Can I file for my tax return claiming her as dependent before we receive her ITIN?
3.How long will it be to get her ITIN?

sunny_2005 · Jan 20, 2009, 11:08 AM

Hi..

I am on H1-B and I would be applying for my wife's ITIN along with my tax return in early 2009.

My question is:
1.Can I apply for it even before I receive my W2 from my employer?
Because, from what I understand, the earlier I apply, the faster we get her ITIN.

2.What happens once my form has been submitted to IRS in Texas?

3.Will IRS process by tax forms to give me a refund? If no, what do I need to do after getting the ITIN then?

Please advice.
Thanks in advance.

AtlantaTaxExpert · Jan 20, 2009, 11:19 AM

1) Form W-7, which is submitted with a notarized photocopy of her passport stapled to it, then paper clip both documents to your tax return, which is mailed to the address in the W-7 instructions.

2) You CAN claim her as a dependent, but only if she is located in the U.S. It would be MUCH better to file JOINTLY with her, because you get to claim her exemption PLUS the double standard deduction of $10,900, PLUS her physical location is irrelevant (she can be on Mars for all the IRS cares).

3) If you file before the end of January, you should get the refund and the ITIN in about 3-4 weeks. However, the longer you wait to file, the more volume the ITIN processing center gets and the longer it takes. I had clients wait 2-3 months last year when the filed in March and April.

sunny_2005 · Jan 20, 2009, 11:55 AM

Thanks for your instant reply ATE :)

My next question is, you said the sooner I file , the faster for my refund and ITIN... but wouldn't I have to wait to get my W2 from my employer?

AtlantaTaxExpert · Jan 20, 2009, 11:56 AM

1) Negative, because you must submit the Form W-7 WITH the tax return, and you cannot file the tax return without the W-2.

2 &3) The IRS will review the W-7 and the attached identification documents (presumably, a notarized photocopy of her passport). If all is in order, they will issue the ITIN and insert it where her SSN would go on your tax return, then process the return and issue the refund. The IRS will then send her the ITIN in a separate letter to her.

Once you get the ITIN, you then submit the state tax return, which, in most cases, you must delay filing until you get your wife's ITIN.

AtlantaTaxExpert · Jan 20, 2009, 11:57 AM

Yes, you must wait for the W-2. That is normally beyond your control, so just grin and bear it.

sunny_2005 · Jan 20, 2009, 12:11 PM

Thanks ATE...

I have another question regarding moving expenses deduction.

Firstly, me and my wife travelled from India to Chicago because of my work. Then , we moved to MA after 3mths to work at the client site.

My question is :
1. what kind of expenses can be considered in my case?
2.Is there any limit on the amount?

Thanks in advance.

AtlantaTaxExpert · Jan 21, 2009, 10:31 AM

You can claim either the moving expenses from India to Chicago , or the moving expenses from Chicago to Massachusetts, but NOT both. This assumes that you received no reimbursement from your employer on either move.

If you were reimbursed tax-free for one, but not the other, then claim the unreimbursed move.

sunny_2005 · Jan 22, 2009, 07:36 AM

Hey thanks... but my second part of the question was, is there a limit on the amount that I can claim? And, what kind of proofs do they expect from us?

Thanks,
Sunny

AtlantaTaxExpert · Jan 22, 2009, 11:08 AM

There is no practical limit. I have had clients claim moving expenses in excess of $50,000, but I made sure they had valid receipts for expenses so large, because such a return literally SCREAMS to be audited.

The proof you normally need are dated receipts for your expenses, though that is NOT needed for mileage computations.