[anshul_tax]

Dear all.


My question pertains to filing tax as head of household. I am on OPT now and my wife joined me in DEC 2007 . So for tax purpose I have to include her too when I filed my taxes.

Since I din't applied for her ITIN in due time ( before the last day of tax filling) I had send my tax forms and her ITIN forms together following some one's advice on some forum.

The problem here is
a) Her ITIN got rejected with reason that a vaild return was not included with ITIN request.
I understand something was wrong in this process as I filed my tax as head of household with my wife as only dependent and I claimed exemptions like tax treaty and like wise while there was no ITIN for her in the system at that time.

Please advice me what forms should accompany to get the ITIN approved.

b) I din't get my stimulus check too and the due date for the stiumulus check got passed a month back or so I think. Also FEDERAL Tax refund that I got was far low than what I asked (I assume that has something to do with my wife's ITIN no.. since they can't find it in their record file that time they assumed my tax filling as individual and send me the money with that calculation. Is there any way to get this money back ? ( feds assumed I am single and deducted according to that).

c) Arizona state refund din't come at all.




To Sum up

a) How can I get an ITIN number? What forms are required ? Do I have to attach copies of my Fed tax with w-7 ?

b) What are the steps to get my money back from IRS & Arizona state.

c) Do I need to call IRS to find out where is my stimulus check?


Please help
Anshul

[MukatA]

1. On F1/OPT you must file nonresident tax return. It appears that you filed resident tax return.

2. You can not be Head of Household. For being head of household, you must be unmarried and have a dependent. Your spouse is never your dependent. Read: Your U.S. Tax Return: Filing Status: Head of Household

3. On your nonresident tax return, you can claim deduction as per tax treaty. If you are from India, then you can claim your standard deduction and exemption for your spouse (even when she is not in the U.S.). Read about tax treaty:
Your U.S. Tax Return: U.S. Tax Treaties for Students and Apprentices

[anshul_tax]

Thank for Answers.
FYI I filed 1040 NR.

The questions remains.
a) are there ways to rectify and get a possible correct refund now.

b) What do I put in w-7 while asking for my wife's ITIN .
I am confused for the reasons for filling ITIN.

Best regards.
Anshul

[MukatA]

For you the purpose of filing ITIN is (a) Nonresident alien required to obtain ITIN to claim tax treaty benefit (if you are from India).
If you are from any other country, you can not file ITIN for spouse.
If you need professional help, contact [email protected]

[AtlantaTaxExpert]

Actually, you can claim your spouse as a dependent if you are from Canada, Mexico and South Korea as well.