[chailu]

Hi,
I applied for joint return but my spouse did not get ITIN when applied first time and I got letter from IRS that they processed my return without considering her exemptions.

Do I have to send the tax return again along with new W-7 form in the same year or just sending W-7 will be enough?

Please advise.

[taxesforaliens]

Did they say anything else in the letter as to what your next step should be?
If not, you would need to amend your return.
Use form 1040X and add any forms from your return that changed (compared to the return you would have filed as married filing separately), which is most probably the entire return.
What did they say was the reason for the denial? YOu would have to fix that of course.

[AtlantaTaxExpert]

Did you include a notarized photocopy of her passport picture page?

Was the passport current, i.e. NOT expired?

If the notarization was done in your home country, did you incloude an apostille (a government certificate that verifies the authenticity of the passport)?

If the answer is NO to any of the above questions, then THAT is the reason for the rejection.

In re-submitting the Forms W-7 and 1040X, you MAY want to use a Certifying Authenicating Agent (CAA) to review and certify the Form W-7. That virtually assures the ITIN will be issued.

Since I am a CAA, you can email me at [email protected] if you want to use my professional services.

[chailu]

Thanks for update.

Unfortunately I moved when IRS sent letters, so I did not receive the letter of rejection, but received only last letter from them mentioning that they processed my return without my wife's excemptions.

Most likely I too believe the reason could be the photocopy of passport was not notorized.
The H&R block did not do notorization despite I mentioning them twice to do so. They informed that you are filing through us so no need of notorization, is that correct ?
As I don't have reason for rejection and also calling IRS did not give specific reason (just mentioned they sent letters to me).

I think I have to re-submit W-7 and 1040X as you mentioned.

[AtlantaTaxExpert]

H&R Block probably intended to notarize the photocopy, but never did, possibly through an oversight. If they saw the original passport, they can notarize on that basis.

A call to the ITIN Processing Center at 1-800-908-9982 by your wife should get the answer you seek. You MAY be able to call as well, but, for sure, they will answer your wife's questions as to why the ITIN request was rejected.

If H&R Block did the tax work and failed to notarize the photocopies, go back to THEM and INSIST that they do the Form 1040X and the new Form W-7 at no added charge. They made the mistake, so they should make good on it.