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Mily2008 · May 7, 2009, 06:50 PM

Hi!

My husband filed for his 2008 tax return already. He filed as single and now has a federal debt of $7,600. :( He didn't know I could apply for a ITIN number and claim be as a dependent.

SO my questions are:

Can he add me as a dependent or we have to file jointly. Is it too late?

ALso, how can I get an ITIN number? I haven't filed any tax return and I have no income. And in the application they are asking me for a tax return , should I just put my hunsbands forms? (My name does not appear there)

Please help me!

Thank you very much in advance

MukatA · May 8, 2009, 12:10 AM

You can file amended tax return as joint return. You will attach W7 (ITIN application) with your amended tax return.
Do not send W7 separately. Send with the amended return.

Mily2008 · May 8, 2009, 09:32 AM

But how can we file jointly if I don't have a ssc or itin nber and also can I be a dependent?

If we file jointly will his federal debt decreAse?

Thank you for your answer Mukata =)

AtlantaTaxExpert · May 8, 2009, 12:20 PM

You are NOT his dependent; you are his co-filer, which is better because it DOUBLES the standard deductions plus adds your personal exemption to his return.

The Form W-7 is an application for an ITIN for you.

If he amends the return, the amount of taxes owes should go down significantly.

Mily2008 · May 8, 2009, 02:20 PM

Ok let me see f I gt this straight

Steps

1. Go to HR block and amend tax and husband puts my name and address
Q. What should I put as ssc if they ask me?
At this point I only have my passport as an ID
2. Take that new tax return and send it to the IRS along with w7 form.
Q. What option in the w7 should I put?
3. Wait for my ITIN # and then add it to the tax return at HR block.
Once we filed the
New tax return. Whe are we going to know how much is the new debt?

Thank you very much! I'm just very confused with this situation. He

Five Rings · May 8, 2009, 02:54 PM

For purposes of this post I will assume that you are ineligible to obtaina SS number and can prove it.

Let us go to Form W-7 first; download here http://www.irs.gov/pub/irs-pdf/fw7.pdf and read the instructions.
1. Check box e and insert husband's name and SS number.
2. Fill in all the other information that pertains to you.
3. Obtain a notarized copy of your passport. If you live abroad you must obtain this copy with an apostile duly stamped at the office which issued the passport.
4. Sign and date the form.

Step 2
1. Complete the amended return; use a tax professional if possible.
Note: at this time it is not necessary for you to provide a tax identification number.
2. Submit the amended return together with the W-7 and all necessary documents to the ITIN Operation at:
Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

The ITIN people will give you a number by mail and send the tax return forward to another IRS department for processing after adding your number to the return.

Mily2008 · May 9, 2009, 12:38 AM

THANK YOU!

How can I prove I'm not elegible?
Well I came into a B2 visa / tourist to visit him and then he convinced me to stay and marry. But right now we have complications with some other issues that does not allow me to start any naturalization process.

Does my name have to be on the tax return form?

Five Rings · May 9, 2009, 02:09 AM

Go to the nearest SSA office to request an SSnumber. You will be refused. Get aa letter from them to that effect.

Of course your name has to be on the return. Bear in mind that immigration law and tax law are different. There is no such thing as an illegal alien in tax law; only residents and nonresidents. If you have been here for 183 days you are resident by substantial presence.