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gecesto · Oct 19, 2010, 12:22 PM

Hello,
My husband got an H1B visa in October last year (2009) and I am on an H4 which does not allow me to work or generate any income in US. We are both Mexican citizens with three children (also on H4) one is in college. For 2009 he filed a 1040 writing on top 'dual status statement' indicating 'married filing separately' status. He listed our three children as his dependents for exemptions , but not me. He also filed a 1040 NR (also dual status statement) as 3. Married resident of Mexico and listing my name as his spouse with no identifying number, since I do not have SSN or ITIN. We may be separating or divorcing. I am uncertain about the accuracy of his tax return.
I have the following questions:
Was his filing procedure correct?
Should he have included me as his dependent?
Do I need to file a tax return or obtain a ITIN number?
How am I liable in the event of any mistakes or discrepancies in his tax return ?

My college daughter is on a huge college grant which covers in addition to tuition most of her room and board expenses: Does she need to file a tax return? Should my husband disclose this or part of this grant as income in his tax return?

I know there are a lot of questions. Ido not want me or my daughter to get in troulbe with the IRS. Feel nervous and scared. Please help.

AtlantaTaxExpert · Oct 19, 2010, 12:46 PM

Gecesto:

Generally, it IS correct, though he SHOULD have requested an ITIN for you.

Yes, if he filed dual-status, he CAN claim you as a dependent.

You do not HAVE to file a return, but you probably should file jointly with him. Further, he CAN amend his 2009 return to file jointly with you for 2009, at which time you would submit Form W-7 to get an ITIN.

On the dual-status return, you are NOT liable for the accuracy of the return. If you both decide to file jointly by amending the 2009 return, then (and only then) would you be held liable for the accuracy of the return.

As for your daughter claiming part of the grants as income, that depends on the nature of the grant. If part of the grant IS taxable, ONLY your daughter would claim it on her tax return.

If you have more detailed questions or your wish professional help in filing, contact me at [email protected].