[iamsandeepmenon]

Hello experts,
I've been on H1 for the whole of 2005. I got married in Aug 2005 and my wife joined me in Nov on H4. I have three W-2 forms for three different states for 2005. Now, this is the first time I am going to do my taxes on my own. So -
1) Do I file as "Married filing jointly" or "Head of household"?
2) What forms do I need to fill for filing tax returns - is it 1040?
3) I need to apply for an ITIN for my wife? What is the process for that?
4) We also plan to try a H1 for her? So, is an ITIN necessary at all? Does she get a SSN when she moves to H1 from H4? If so, what purpose does an ITIN serve?
5) Correct me if I am wrong, the 1040 form asks for the SSN/ITIN of the dependent. If so, what do I give there since my wife doesn't have one?

Thanks in advance.
Regards,
Sandeep

[AtlantaTaxExpert]

SanDeep:

1) File Married Filing Jointly.

2) It will be either 1040, 1040A or 1040EZ.

3) Download Form W-7 from www.irs.gov and fill it in per the instructions. Attach it to the tax form (1040/1040A/1040EZ) and mail it to the Philadelphia PA IRS Center. The IRS personnel there will issue your wife an ITIN and fill it in on the tax form for you, then process your tax return. They will notify you by mail what her ITIN is. This is important because you must wait (6-8 weeks) for her ITIN to file your state tax return.

4) You can wait until she gets issued the SSN, but it means waiting for your tax refund. The purpose of the ITIN is to provide people who do not qualify for the SSN to have an ID number for tax purposes.

5) Leave the SSN/ITIN number blank. As noted above, the IRS personnel in the Philadelphia IRS Center will insert the ITIN when they issue it.

[iamsandeepmenon]

Thank you for your reply.
You mentioned the form I need to fill can be either 1040, 1040A or 1040EZ. What is the criteria for that?
And to file state tax returns, is it some other form? If so what form is that?
And if I need to wait for my wife's ITIN before I can file state taxes, chances are that it might run past the April 15th deadline. So would I need to file for an extension?
I would like to get more advice on this and if possible professional help this time so that I get the facts straight. Can I email you to get this done?
Thanks

[AtlantaTaxExpert]

SanDeep:

You can e-mail me at [email protected].

I need to know which state you live in.

Crtieria for 1040EZ is essentially no children and income below $100,000.

Form 1040A is for relatively simple returns for taxpayers with children.

Form 1040 is for all other taxpayers.