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    pranavtailor's Avatar
    pranavtailor Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Feb 26, 2007, 10:03 PM
    I was on L1 visa want to file joint return. I want to apply for ITIN for spouse
    I was in US(california) from march 2006 - jan 2007 on L1. My wife and kid were on L2. They don't have SSN (I think now its possible to get ssn on L2 ). Now I am back in India and want to file my return with both of them as my dependent. So I think I will have to file W7 for both of them to get ITIN.
    1) In form W7 which option (a-h) should I tick in "Reason you are submitting form W7" for each of them?
    2) I need to file ITIN for my spouse and kid along with the federal tax return... is it true?
    3) Do I need to wait for my spouse and kids ITIN to come before filing CA tax return? Or I can do that online?
    Thanks,
    Pranav
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 27, 2007, 11:58 AM
    Pranav:

    I believe I have already answered your question via email.

    Yes, you need ITINs. You will be considered a resident alien if you file jointly with your wife (the recommended method).

    You CANNOT file the California return on line. It must be mailed.
    pranavtailor's Avatar
    pranavtailor Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Feb 27, 2007, 09:08 PM
    Thanks for the answer to my queries.
    As such I have to claim refund on both my federal and state tax returns.
    So I think even if I miss the 15th April '07 deadline to file my state return (due to ITIN of spouse and dependent not available), I won't have to pay any penalties am I right?
    1100's Avatar
    1100 Posts: 6, Reputation: 1
    New Member
    		  
    #4

    Feb 28, 2007, 12:33 PM
    Yes you have to mail it & you shld not file it online.You can send your W-7 application for ITIN alongwith your return.So that you can file it in time & they start processing on your return as soon as they are done with ITIN.
    I think I shld make it clear , it previous reply was quite clear though!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Mar 1, 2007, 07:54 AM
    If you file either the federal or the state return late, there is NO penalty if you are due a refund.
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