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    lalji's Avatar
    lalji Posts: 81, Reputation: 2
    Junior Member
     
    #1

    Jan 9, 2010, 08:10 PM
    Tax- Filing jointly with my wife on H4
    Hello Atlanta tax expert

    1) I am filing my tax return jointly with my wife who is on H4 visa. My wife does not have a SSN. Do I need a Tax Identification No. for my wife? How can I get a Tax Identification number?


    2) Can I efile my return? Are there any procedural changes that I need to comply with in my case.

    I would really appreciate a response.
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 11, 2010, 09:59 AM
    1) You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $11,400 joint standard deduction plus two $3,650 personal exemption (for yourself and your wife). You will need to submit Form W-7 to apply for an ITINs for your wife. A notarized photocopy of her passport needs to be stapled to the W-7, which is submitted WITH the 2009 tax return.

    2) Electronic filing is NOT possible due to the ITIN application.
    lalji's Avatar
    lalji Posts: 81, Reputation: 2
    Junior Member
     
    #3

    Jan 11, 2010, 10:41 PM

    I worked on my tax return using Tax Act. The return generated a standard deduction of $ 18,700. Please advise if this is incorrect. Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 12, 2010, 09:15 AM
    My personal exemption was off by $50 (I have corrected the post).

    $18,700 is the joint standard deduction plus TWO $3,650 personal exemptions.
    lalji's Avatar
    lalji Posts: 81, Reputation: 2
    Junior Member
     
    #5

    Jan 14, 2010, 06:57 AM
    Hello Atlanta tax expert
    Thanks for your reply. I submitted my wife's W7 and my 1040 EZ form. However I forgot to attach my W2 form along with my 1040 EZ. Please advise if I should send another 1040EZ form and attach a W2 to it. I would really appreciate a response. Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #6

    Jan 16, 2010, 04:06 PM
    No; let the IRS ask you for the w-2.

    Submitting a second Form 1040EZ will cause problems that will delay your return even longer.
    lalji's Avatar
    lalji Posts: 81, Reputation: 2
    Junior Member
     
    #7

    Jan 19, 2010, 12:05 AM

    I submitted my wife's W7 and my 1040 EZ form. However I forgot to attach my W2 form along with my 1040 EZ. Will this result in a delay in receiving my refund. Please advise.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #8

    Jan 19, 2010, 11:26 AM
    It will result in a delay.

    The IRS will send you a note asking that you mail them a clear copy of the W-2.
    selftaxer's Avatar
    selftaxer Posts: 3, Reputation: 1
    New Member
     
    #9

    Feb 7, 2010, 02:57 PM

    To AtlantaTaxExpert,

    I am on H1B and resident alien. I got married in Feb09. My wife is on H4 (no income).

    Do I need to fill Form 1040 for me and Form 1040NR for my wife?
    You mentioned about filling form 1040 for both. How is this possible?

    I would specially like to know as I can get Economic Recovery Payment if we both fill 1040. Economic Recovery Payment cannot be claimed if 1040NR is used.

    Please guide me. Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #10

    Mar 4, 2010, 01:03 PM
    Negative; file jointly with your wife using Form 1040, 1040A or 1040EZ. If your wife has no SSN, submit Form W-7 with the tax return to apply for an ITIN for her.

    There is NO Economic Recovery Payment for 2009. There is only the Making Work Pay credit, for which you ARE eligible with your wife, probably for the amount of $800.

    If you want professional help with this, email me at [email protected].
    selftaxer's Avatar
    selftaxer Posts: 3, Reputation: 1
    New Member
     
    #11

    Mar 5, 2010, 06:31 PM

    Thank you for your response. I have already filed my taxes accordingly.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #12

    Apr 27, 2010, 02:39 PM
    Glad to help!

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