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    uvarajna's Avatar
    uvarajna Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 6, 2008, 09:38 AM
    1040NR-EZ form - Itin
    I need some assistance on my tax filing. Here is my situation:

    I and my wife have come into US on Oct 20, 2007. I am on L1 and she is on L2.

    Can I file as "Married filing jointly" on form 1040EZ ? My wife hasn't got SSN. Can she apply her ITIN using W-7 and attaching 1040EZ form ?

    Or, since I do not meet the 183 days presence test, do I need to file 1040NR-EZ form ? In that case, can I apply as "Married filing jointly" and apply her W-7 for ITIN ?

    Thanks in advance.
    uvarajna's Avatar
    uvarajna Posts: 2, Reputation: 1
    New Member
    		  
    #2

    Feb 6, 2008, 11:51 AM
    Citizenship: Indian
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 8, 2008, 10:39 PM
    You have it all right, except that you MUST WAIT until early June 2008 before you can file, because you have not yet met the Substantial Presence Test!
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