[nij]

Hi

I am in Non-immigrant H1B visa I came to USA in Feb -2008 my wife joined me later on Aug - 2008. I want to file jointly. So I have following Question.

(1) Do I need to get Both of us ITIN or only mine ITIN or Only my Wife ITIN?
(2) If any of the above is true from where I can get the ITIN form and Which document do I need to submit for that?
(3) My Parents dependent on me but they are in India Can I claim them as dependent?

Please advice. Thanks a lot.

Regards,
Nij

[AtlantaTaxExpert]

Nij:

If you are on an H-1B visa, you should have a SSN; your employer could not pay you if you did NOT have one. You can submit Form W-7 to get an ITIN for your wife when you file jointly with her.

With the Form W-7, you should submit a notarized photocopy of her passport.

You can have the photocopy notarized at any local bank, except in California, which has a perculiar state law prohitbing that practice. If in California, go to either the post office or the local IRS office to get the passport photocopy certfieid as a true copy.

You CANNOT claim your parents as dependents unless they are living in the U.S.

[nij]

Hi

Thanks for your Quick Reply. I will appreciate it.

Yes I have SSN. But I have another question.
(1) Can I submit First Form W7 separately So After getting the ITIN number I will File Tax Return Jointly Or Can I File Jointly along with W7 Form to get ITIN number?

(2) How much You guys charge for File Jointly plus to Get my wife ITIN number all Extra cost. I am in Richmond VA (23294)

Please advice. Thanks in advance

Regards,
Nij

Nij:

If you are on an H-1B visa, you should have a SSN; your employer could not pay you if you did NOT have one. You can submit Form W-7 to get an ITIN for your wife when you file jointly with her.

With the Form W-7, you should submit a notarized photocopy of her passport.

You can have the photocopy notarized at any local bank, except in California, which has a perculiar state law prohitbing that practice. If in California, go to either the post office or the local IRS office to get the passport photocopy certfieid as a true copy.

You CANNOT claim your parents as dependents unless they are living in the U.S.

[AtlantaTaxExpert]

1) You normally CANNOT file Form W-7 by itself; the IRS expects to see an annual tax return submitted with the W-7, so you CAN file jointly with the W-7, and the IRS will issue the ITIN, insert it where it belongs on the tax return, process the return, issue the refund, and then mail your wife her ITIN in a separate letter to her.

2) Email me at [email protected] for fee quotes. AskMeHelpDesk frowns on me making fee quotes in the forum.

[nij]

1) You normally CANNOT file Form W-7 by itself; the IRS expects to see an annual tax return submitted with the W-7, so you CAN file jointly with the W-7, and the IRS will issue the ITIN, insert it where it belongs on the tax return, process the return, issue the refund, and then mail your wife her ITIN in a separate letter to her.

2) Email me at [email protected] for fee quotes. AskMeHelpDesk frowns on me making fee quotes in the forum.

So In that Case I need to
(1) Files my returns
(2) also Returns for my wife also along with W7 form.

Total 2 files returns + one w7 form to get ITIN number? Please correct if I am wrong.

Thanks in advance.

[AtlantaTaxExpert]

More than likely, yo will be filing jointly with your wife, so one ONE return is required for the IRS, plus the Form W-7.

Once you get the ITIN back from the IRS, then (and only then) will you file the state tax return.