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    sdamenon's Avatar
    sdamenon Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 3, 2008, 04:47 PM
    OPT to H1B - H4 spouse with no Social security number
    I came to USA in 2004 and was on F1- opt from Dec 2006 to Nov 2007. My wife joined me on F2 in April 2007. My status changed to H1B in Nov 2007 and my wife got her H4.
    What is my tax status and what are the forms I need to fill for tax? We are from INDIA.

    My wife is not eligible for social security number. Is an ITIN necessary for my wife if we want to file jointly?
    If yes I will need to file and extension. Do I have to file for extension for Federal tax and State tax? Where do I get these forms from?

    Please advise, I am in a dilemma

    Thanks in advance.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 4, 2008, 03:16 AM
    Yes, for 2007 you can file resident tax return after you meet SPT in 2008. You will attach W7 with your tax return. Meanwhile apply for extension to file and make sure to pay any due taxes before the due date.

    Another choice is to file nonresident tax return.
    sdamenon's Avatar
    sdamenon Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Apr 4, 2008, 10:36 AM
    Quote Originally Posted by MukatA
    Yes, for 2007 you can file resident tax return after you meet SPT in 2008. You will attach W7 with your tax return. Meanwhile apply for extension to file and make sure to pay any due taxes before the due date.

    Another choice is to file nonresident tax return.
    Thank you for the reply. I have a doubt...
    What is SPT?
    Why is it that I get a choice to file either as a resident or non resident? Which is more beneficial?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Apr 5, 2008, 02:08 AM
    SPT -- Substantial Presence Test. Read page 4 of IRS Publication 519: Tax for Aliens.

    Which is beneficial-- do tax both ways and find out. It depends upon your income and deductions.
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