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    vivdso's Avatar
    vivdso Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 28, 2008, 11:44 AM
    h4 - ITIN query
    Hi

    I am on h1 since sept 2004, got married last year May 2007 in india. My spouse arrived US on H4 visa on Jan 14 2008. Can I file for a ITIN for my spouse along my 2007 tax filing period and claim spouse as dependent?

    I am not sure whether I can do it or not because my spouse landed in this country this year, but my marriage was last year in india. Should the arrival date matters for filing for last year taxes?

    Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 28, 2008, 02:40 PM
    Yes, you can file jointly with your pouse and, yes, you can and should apply for an ITIN using Form W-7.

    Your spouse's physical location is irrelevent; she could be on Venus for all the IRS cares.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Jan 29, 2008, 10:58 AM
    Yes, you can file your 2007 return as residents Married Filing Jointly. Both of you must declare your world wide income for 2007. With your tax return attach W7 for your spouse.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 30, 2008, 10:29 AM
    Agreed!
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