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    nij's Avatar
    nij Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Dec 3, 2008, 03:25 PM
    Regarding File Return and ITIN number
    Hi,

    I asked following question

    "I am on H1B visa. I came to USA in Feb'08 along with my wife, she came here on H4B visa. In my pay stub my marital status is coming as married that is correct.

    My question is that still I haven't applied for Individual Tax Identification Number(ITIN) for my wife. Do I need to get ITIN for her. Where I can apply for ITIN. Currently I am in Glen Allen,VA. Can I file my 1040 (claiming her as dependent) without ITIN number? Or Should I have to wait till I will get ITIN number?

    This is my first TAX return in USA. So should I have to wait till I will get my Annul Income Document from my company to get ITIN number for my wife?"

    I got the following answer.

    "You submit the ITIN application (Form W-7) with your 2008 tax return! In fact, you cannot submit the W-7 by itself; it will be rejected unless yo have an urgent need for the ITIN (for example, so your wife can open a bank account or so she can attend school).

    You CANNOT claim your wife as a dependent, but you CAN file separately and claim her exemption provided she has no income and does not file herself.

    However, tax-wise, it is best to file jointly.

    And, yes, the "annual income document" that you will get is the W-2, and you must wait for it before you can file your tax return. By law, it must be issued by 31 January 2009."

    Just want to ask

    What do you mean by It is best to file Jointly?
    Should I have to file for tax return and also apply for ITIN Number togather? or something else? Please let me know.

    Thanking you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Dec 4, 2008, 07:30 AM
    You shuld file the tax return and ITIN application (Form W-7) together.

    By filing separately and claiming your wife's exemption, you would file dual-status. You would only be allowed to claim your and your wife's exemption (total deduction of $7,000). You could NOT claim ANY standard deduction, but you would pay taxes ONLY on U.S.-sourced income.

    By filing jointly, you can claim the $7,000 for two personal exemptions PLUS claim a joint standard deduction of $10,900. The only drawback to filing jointly is the requirement to claim ALL income earned world-wide in 2008.
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