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    prasun's Avatar
    prasun Posts: 3, Reputation: 1
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    #1

    Mar 16, 2009, 05:37 PM
    Tax for self on H1B and spouse on H4
    Hi,

    I have been in US since the first week of December 2008 on H1B visa and was accompanied by my spouse who is on H4 and does not work.

    While filing the returns for year 2008, do I need to apply ITIN for my spouse as she is not eligible for SSN. Some one has suggested to me that I need not fapply for ITIN as I have not stayed for a minimum of 183 days in 2008 and hence should file "single".

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

    Mar 16, 2009, 11:32 PM

    You must file nonresident tax return for 2008. You are not eligible to file joint return as residents. Why do you need ITIN?
    prasun's Avatar
    prasun Posts: 3, Reputation: 1
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    #3

    Mar 17, 2009, 08:20 AM
    Quote Originally Posted by MukatA View Post
    You must file nonresident tax return for 2008. You are not eligible to file joint return as residents. Why do you need ITIN?
    Hi,

    This is the first time I am filing US tax returns. Is the reason for filing non resident tax return for 2008 is that I have not stayed for minimum of 183 days ? Do I need to file as "Single" ?

    Can I file the returns through e filing using some tool like Turbo Tax or is it mandatory to do a paper filing in my scenario ?

    I wanted ITIN for my spouse as she has been with me in US from December 2008 as well.

    Please advise.

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #4

    Mar 17, 2009, 09:05 AM

    Nonresident return can not be efiled.
    prasun's Avatar
    prasun Posts: 3, Reputation: 1
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    #5

    Mar 17, 2009, 02:21 PM

    1. So should I file 1040NR-EZ ?
    2. What should be the status - Single or Married
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Mar 18, 2009, 02:11 AM

    File 1040NR or 1040-EZ. Your status is Other Married Alien.
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