 |
|
|
 |
New Member
|
|
Apr 11, 2008, 03:42 PM
|
|
NY State Taxes- IT 201 Head of Household- ITIN needed for spouse?
Hi-
I am a Resident Alien filing my NY State taxes (IT-201) and my status is Head of Household. I will be claiming my child as my qualifying dependent. My wife is a non-resident alien and does not have an ITIN yet (she also has no US income). Since I am filing Head of Household, do I even need her ITIN for the NY State taxes? I understand it is needed for the federal taxes (since I am taking an exemption for her), but the NY State taxes do not allow anyone to take an exemption for any spouse. Any spousal information would seem unnecessary when filing as head of household. If anyone could confirm that this is the case, that would be great.
Thanks,
ASN
|
|
 |
Tax Expert
|
|
Apr 11, 2008, 10:01 PM
|
|
You are NOT head of household. Don't claim this status on your tax return, or you will invite audit.
Read this: Your U.S. Tax Return: Filing Status for Married
You are married and you can only file resident return as Married Filing Jointly or Married Filing Separately. In both the cases you need ITIN of your wife. You can attach W7 (ITIN application) with your tax return.
|
|
 |
New Member
|
|
Apr 12, 2008, 01:05 PM
|
|
Hi- Thanks for answering my question. I thought I could be head of household because my wife is a non-resident alien. According to Publication 501 on the IRS website:
"Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household."
From this it seems like I qualify for head of household because since I am married to a nonresident alien, I am considered unmarried. My son would count as my qualifying person for the head of household. Please let me know if I am misinterpreting this. Perhaps you can amend your blog with this information if it is correct.
Thanks
ASN
|
|
 |
Tax Expert
|
|
Apr 12, 2008, 09:48 PM
|
|
Did your son live with you?
Also let me know the page number of Publication 501 for the information you are referring to.
|
|
 |
New Member
|
|
Apr 13, 2008, 09:03 AM
|
|
Hello,
I quoted Page 7 of Publication 501 (2007) from the section entitled "Nonresident alien spouse."
Yes my son lives with me and was actually born in November 2007 so according to Page 11 of the same publication, he is considered to have lived with me for all of 2007.
"Death or Birth of a Child: A child who was born or died during the year is treated as having lived with you all year if your home was the child’s home the entire time he or she was alive during the year. The same is true if the child lived with you all year except any required hospital stay following birth."
Please let me know if I am interpreting this correctly.
ASN
|
|
 |
Tax Expert
|
|
Apr 13, 2008, 09:38 AM
|
|
Yes, even if a child is born on Dec 31, 2007, you can claim the child's exemption on your 2007 tax return.
Yes, you can file as Head of Household.
|
|
 |
New Member
|
|
Apr 13, 2008, 10:19 AM
|
|
Could you please amend your original response so as not to mislead others?
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
File State tax without ITIN for spouse
[ 13 Answers ]
Hi ,
Iam here with L1B visa and my family joined here in Apr last year 2006
I have applied for ITIN for them, but I am yet to recive that.
In case if I cannot get ITIN by Apr 15, then How do I file state tax.
Please advice.
ITIN for spouse for state and federal taxes
[ 5 Answers ]
My wife did not have any income in 2007 and does not have a SSN. While filing for taxes I am claiming her as my dependent. I have a couple of questions:
1. Can I apply for an ITIN for her and file for my federal taxes simultaneously? If not, how long does it take to get an ITIN. I am afraid that...
Filing taxes as head of household
[ 4 Answers ]
Okay, I wrote a Question about how should I file my taxes, and some of you said that I could file head of household and claim my son who lives with me cause he is mildly retared and get a SSI check. Okay now
Just out of I'm wondering I called the IRS, the lady on the phone said that I could file...
No ITIN for H4 spouse, how to file state taxes?
[ 8 Answers ]
Hi
I have been working in California for entire 2006. During October 2006 I changed my status from F1 (OPT) to H1B. I got married in December outside US and returned to US along with my wife (H4 visa) in 3rd week of December.
1. As per information on IRS web site and other sources...
Help: Filed taxes for spouse -- without ITIN
[ 3 Answers ]
Hello,
I am on H1B and my wife is on H4.
I filed the joint taxes for 2006 without getting an ITIN for her
How do I rectify this blunder -- Do I have to re-file my taxes?
Thanks,
Dhar
View more questions
Search
|