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tucsontaxsitu · Jan 20, 2009, 04:13 PM

Hi,
Am considered a resident for tax purposes though on F1 as I have been in USA for more than 6 years. Got married back in my home country in 2008 and hence my Spouse is an Non Resident Alien on F2. ( she has no SSN no ITIN)

I read the IRS docs and think I have two choices since I am a resident for Tax purposes

a) To file as Married Filing Jointly
b) Married filing sepearately

If I file Married Filing Seperately , do I need to put anything under my Spouses Name or SSN in the 140 Form?

What is the procedure I need to follow? Do I have to declare my Spouses name and SSN( she doesn't have one) if I file Separately
Thanks

MukatA · Jan 20, 2009, 11:30 PM

a) You can file joint return as residents. You will attach W7 (ITIN application) with your tax return. You must both report world wide income.
b) Yes you can also file as MFS. So you have a choice.

tucsontaxsitu · Jan 21, 2009, 02:39 AM

Originally Posted by MukatA

a) You can file joint return as residents. You will attach W7 (ITIN application) with your tax return. You must both report world wide income.
b) Yes you can also file as MFS. So you have a choice.

Thanks for your response but my question is , if I file MFS

DO I have to mention in 140
a) spouse name
b) SSN ( spouse doesn't have ITIN or SSN).

Or can I exclude the name and SSN since I am filing MSF.

Will this create a problem?

AtlantaTaxExpert · Jan 21, 2009, 01:14 PM

If you file MFS, you DO have to put spouse's name on the return.

Since she is a non-resident alien, you put NRA where her SSN would go. If you do this, you CANNOT file electronically, but the return will be accepted as filed when you mail it in.

If you file MFS and do not provide your spouse's name, the IRS will put your return on hold while they inquire as to whom your wife is.

It is likely that filing jointly is the BETTER option tax-wise for you.

tucsontaxsitu · Jan 21, 2009, 06:51 PM

Many thanks for the response.

Actually your advice of MSJ is great. However my income for 2008 is around the standard deduction+ personal exemption area. So by filing MFJ the benefit will be not too much I estimate. ( maybe a 100 or 200 max)

Under my situation
a) if there is a stimulus this year also , we both could get disqualified due to my Wife's ITIN
b) also will I need to file extension for State return until she gets her ITIN from federal ?

YOur kind advice would be greatly apprecaited. If MFS , do I sent the snail mail tax to Texas location ( where ITIN is issues) or the regulation location.

Thank you for you time and valuable service

MukatA · Jan 22, 2009, 01:22 AM

a) Yes, on the joint return, you will not get recovery rebate.
b) Some states will accept without ITIN, and then you can inform later on. But it is always better to wait so that you know that ITIN application has been accepted.

AtlantaTaxExpert · Jan 22, 2009, 10:36 AM

If you file MFS, send the return to the regulation location.

The ITIN may or may not disqualify you for the yet-to-be-approved stimulus rebate. The fact that persons with ITINs were NOT eligible for that 2007 rebate caused some controversy and may be corrected for the new one.

The ITIN definitely disqualifies you for the Recovery Rebate, s you have to decide if getting the ITIN is worth the trouble.

tucsontaxsitu · Jan 24, 2009, 03:51 AM

Many Thanks again. Just contacted my state revenue dept. They need the ITIN to file either MFJ or MFS.
As I need to get my SPouse a ITIN anyway , I might as well go for the MFJ.

Question :

When I submit the tax return, do I include her Name only and leave SSN number blank. So they can later fill it with ITIN?

I understand She will have to submit W7 with the Return and a Notorized Identification document?
Thank again for you help

AtlantaTaxExpert · Jan 24, 2009, 09:08 PM

Yes, leave the SSN area blank; the IRS will insert the ITIN when it is issued.

Note that the notarized identification document must be her passport. If you send anything else, you must send TWO documents.

tucsontaxsitu · Feb 1, 2009, 01:53 AM

Many Thanks. Another clarification please. Will be appreciated.

I was single in 2007, I got a Stimulus rebate from IRS for the minimum amount. But now as I am Married in 2008 with a NRA wife, will I qualify for any additional recovery rebate if I File jointly with my wife? ( Another $300 as my situation changed.

I understand, without SSN for my wife, they would not do stimulus rebates in 2007 but in
My case , I was Single in 2007 and qualified for the Rebate, but my situation changed in 2008.

Would appreciate if you would clarify as this is a confusing case.

Thanks

AtlantaTaxExpert · Feb 2, 2009, 02:50 PM

Your wife's ITIN will make you ineligible for the Recovery Rebate Credit.

That being the case, you will get NOTHING for your 2008 return because you already got what you were entitled to in 2007.

tucsontaxsitu · Feb 5, 2009, 12:51 PM

Thank you sir for you reply.

On w7 they ask for a Visa number. Am a little confused.
On US visa there are 2 numbers.( for spouse F2)

a) Control Number with issuing year embeded ( upper right)
b) Number in RED (lower right)

WHich one is the valid US via number please? Many thanks

AtlantaTaxExpert · Feb 10, 2009, 03:57 PM

Put in BOTH, in this format:

F2, 2008XXXXXXXXXXXXX / RED Number, 10/01/2012