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    knareshkumar's Avatar
    knareshkumar Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 4, 2009, 10:10 AM
    H1B non resident and spouse on H4 - when to file tax returns
    Hi,
    I am on H1B and my spouse on H4.
    We came to US on August 6th 2008. We are considered non residents under substantial presence test.
    So, Shall I apply for automatic extension?
    When should we apply for ITIN for my spouse?

    Please answer.
    Thanks.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 4, 2009, 11:45 PM

    Are you filing nonresident tax return or filing joint return as residents?
    knareshkumar's Avatar
    knareshkumar Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Mar 5, 2009, 11:26 AM
    Quote Originally Posted by MukatA View Post
    Are you filing nonresident tax return or filing joint return as residents?
    I would like to file joint return as residents, because I can get more refund.
    But, until May 15th we are considered as non residents under substantial presence test.
    Please correct me if I am wrong.

    So, Shall I apply for automatic extension? And When should I apply for ITIN for my spouse?

    Thank you very much for your time and reply.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 6, 2009, 01:06 AM

    Apply for extension for both federal and state returns. File W7 (ITIN application) with your tax return.
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