[taxes101]

Hi,
My wife and me got married in June of 2005. So, for tax purposes I considered myself married for FY 2005. I was on an F1 visa then and it got converted to a H1 in Oct of 2005. I filed the 1040NR filing jointly. I had already instructed my employer about SS taxes and Medicare taxes so those weren't getting deducted. I also sent in the W7 for my wife's ITIN with a copy of the 8843 as she was on an F2 for 2005.

Situation:
My fed tax returns came back without the 3200 deduction I took for my wife saying she didn't have an ITIN. They gave me a refund based on my deductions I had taken. 3200 for myself and the 4850 for Indian treaty exemption

Her ITIN came back saying she didn't need to file an ITIN.( iI had already sent the notarized Passport copy)

Sent her ITIN back with proof ( copy of passport notarized) and that came back saying no tax return attached.

Called IRS and was told that I need to file 1040X to get my refund after she gets her ITIN.

Talked to another tax consultant and was told that send in your 1040 X with your wife's W 7 and she will get her ITIN.

Result :!!
Me totally confused... Please advice what I need to do ?


Feels like TAXES 101 :)

[AtlantaTaxExpert]

The tax consultant is correct. Send in the 1040X with thed W-7 and they will issue the ITIN and give you credit for her exemption.