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TAXKAMARA · Mar 26, 2008, 11:35 AM

Hi,

I am sorry but I am asking the same question everyone seems to be asking. It was comforting to see so many people in the same situation. Don't worry we will all get rich... hahaha. This forum has been really helpful... thanks guys...

Question1

After I send the Completed 1040 EZ and W-7 to india so my wife can sign it, can she mail it straight to the IRS?

Question2

A) How do I file my NY state taxes without her IITN?

B) I am thinking about filing for extension for the state and then send it later when she receives her IITN. Would that be correct?

Question3

Is it even possible to file for extension when you are anticipating a return, meaning IRS owes you? Also is there a penalty even after filing for extension?

Thanks

ebaines · Mar 26, 2008, 12:05 PM

If your wife does not have an ITIN and she has not ever been to the US, then you should be filing as Married Filing Separately. In this case there's no need for your wife to sign any forms. Same thing for the NY State return. Finally, if you need an extension, it does not matter whether you owe the IRS or the IRS owes you - the only requirement is that you get your extension filing in by April 15 and if you owe any money send that in by April 15 as well. If you are expecting a refund obviously you don't send any money in, but of course you won't get your refund until you send in the final return.

MukatA · Mar 27, 2008, 03:08 AM

It depends upon what type of visa TAXKAMARA has? When did he come to the U.S. If he is resident for tax purposes he can file resident tax return as Married Filing Jointly. It does not matter if his wife has never been to the U.S.

TAXKAMARA · Mar 27, 2008, 06:00 PM

Originally Posted by MukatA

It depends upon what type of visa TAXKAMARA has? When did he come to the U.S.? If he is resident for tax purposes he can file resident tax return as Married Filing Jointly. It does not matter if his wife has never been to the U.S.

Hi Mukata, Thanks for the response. So to clarify... I am on H1-B and have been in the US for last 9 years, did Undergrad and Masters here. So I guess that makes me a resident alien.

Question: So dose it matter if my wife has never been to US. Can I file jointly... send the from to India... and then my wife can fill out W-7 and send it directly to the IRS so they can issue her IITN and process the return?

Thanks again. I really appreciate your help.

MukatA · Mar 28, 2008, 03:05 AM

Yes, you can file resident return as Married Filing Jointly. You will attach W7 with your tax return. Both of you must sign the return ans your wife must also sign W7. Passport copy must be notarized in US or at US embassy/Consulate.
You must both declare your worldwide income

TAXKAMARA · Mar 28, 2008, 07:30 AM

Originally Posted by MukatA

Yes, you can file resident return as Married Filing Jointly. You will attach W7 with your tax return. Both of you must sign the return ans your wife must also sign W7. Passport copy must be notarized in US or at US embassy/Consulate.
You must both declare your worldwide income

Thank you so much Mukta. You are a Life saver!! Keep up the Good work!!