[khajamiya]

Hi ,

Kindly please answer my tax question.
I can to US on H1B VISA in sept 2010 along with my wife and kid.
Which 1040 do I need ti fill. 1040EZ or 1040A as child as dependent (not qualifying for tax credit).
While filing the TAX return do I need to apply for ITIN for my kid along with the ITIN for my spouse.

NOTE: I have resided total 122 days in US in a tax year.

Thanks
Khaja

[AtlantaTaxExpert]

Khaja:

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) plus another $3,650 personal exemption PLUS the $1,000 child Tax credit for your child.

To apply for an ITIN, you need to complete Form W-7 for your wife and child. You need to make photocopies of their passports, then get the photocopies notarized. This can be done at your local bank in most states in the U.S.

The notarized photocopy is stapled to the SIGNED Form W-7 (your wife sign her W-7, while YOU sign the child's W-7), then paper clip both documents to the tax return with your spouse's and child's name on the return (Form 1040A), but with the SSN area blank.

The IRS evaluates the W-7 and notarized passport photocopies, and, if all is in order, then issues the ITINs and inserts them on the tax return where your wife's and child's SSN would go. The return is then processed and the refund is sent to you.

The IRS then issues ITIN letters which is mailed to you (for your child's ITIN) and to your wife in separate envelopes. You then insert the ITINs on the state tax return and submit it.

All in all, the process takes about ten weeks to complete.

If you need professional help filing your return, email me at [email protected].