[victor789]

Iam working on L1 from April 2007 and my wife on L2 joined me in July and she will be going back to India in October. She doesn't have an SSN or ITIN.

Questions.

1. How do I file my taxes single or married?
2. If married what all documents I need to submit?
3. Do I need to apply something or needs her signature on any document before she goes back to India?
4. Please suggest way so that I can get max tax benefits legally.

Thanks
Victor

[AtlantaTaxExpert]

You can file either as a dual-status alien OR as jointly with your wife and choosing to BOTH be treated as resident aliens for ALL of 2007. You may need to have the return filed BOTH ways to determine which is best for you.

Either way, you will need to apply for an Individual Tax Identification Number (ITIN) when you file the return, because you will either file jointly with your wife or claim her as a dependent on your dual-status return.

You will need get her passport photocopied, then have the photocopy either notarized or certified as a true copy by your local IRS office. The ITIN application form (W-7) must be signed by her.

If you file jointly, she will have to sign the tax return.

[victor789]

Thanks AtlantaTaxExpert for quick response.

Just need one clarification. Do I need to submit the ITIN along with the returns or do I need apply an ITIN when if file my return?

[AtlantaTaxExpert]

You need to file the W-7 WITH your 2007 tax return in January 2008.