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sandbox · Feb 17, 2009, 10:14 AM

My wife (H4) & I (H-1B) are both residents for tax year 2008. Now I would like to file as "Married filing separately" (yes I know filing jointly gives us double the deduction but we have reasons not to go that route). So my questions are:-

1. If I file as "Married filing separately", do I still need to attach a w-7 to get an itin for my spouse?

2. My spouse has 0 US income for 2008. Do we even have to file her return?

Thanks in advance.

MukatA · Feb 18, 2009, 02:35 AM

Yes, you need to attach W7 (ITIN application). On married filing separately return, you can still claim exemption for your wife if she had $0 income in 2008.

sandbox · Feb 18, 2009, 08:26 AM

Thanks for that useful information Mukta. I had another question. I was reading up the rule on determining status for taxes yesterday and that is when this confusion arose. I started my H1 on 1st Oct 2007. Do I still qualify as a resident alien for tax purporses, or am I a 'dual status alien' for tax year 2008, because my status changed to resident somewhere in the middle of 08, and I was in fact a non-resident on the first day of 2008?

And do you comments above still hold true given this extra information. Thanks.

MukatA · Feb 18, 2009, 10:40 AM

You are resident for the year 2008.

sandbox · Feb 18, 2009, 02:00 PM

Thanks a ton Mukta. I have one last question though. Why do I still need an ITIN for my wife? I mean I will file my tax as "married filing separately", and since she does not have any US based income, we will not file a tax return for her. So can the IRS not question that why should they even issue an ITIN for her?

AtlantaTaxExpert · Apr 15, 2009, 12:47 PM

Better late than never...

You CAN file MFS without getting an ITIN for your wife. Just list your wife's name with the letters "NRA" (for non-resident alien) where her SSN would go.

This return has to be MAILED, but it will be accepted by the IRS.

BGTJRG · Apr 18, 2009, 06:05 PM

If you file as mfs spouse as no us income in 2008 but has income in india. Can I claim her as dependent or use her excemption ? This is for filing k3 visa

AtlantaTaxExpert · Apr 20, 2009, 12:24 PM

You CAN use her exemption if you are filing MFS and she has no U.S.-sourced income and is NOT filing her own U.S. tax return.