[vnabap]

Hi Experts,

I need some suggestion on filing my 2011 taxes

My wife and I are in L1 B.

I have one kid came to US on July 2nd 2011 dependent as( L2 )of my wife’s L1.

I am planning to do the Joint filing with kid as dependent. So I need to apply the ITIN for my kid during the tax filing.

The question is
Is my kid eligible for SPT?(exactly 183 days).

During the W7 form filling do I need to fill my SSN details or my wife SSN details? (Because my kid L2 stamping was my wife’s L1 B)


I have one more question:

As we are in L1B we are working from employer’s office. But for work related purpose my wife and I used to travel and stay(temporary) at client location which is in different state.

Once the work is done we are back to the employer's office. The visiting to client place is more frequent and some time we might stay for couple of weeks.

My company doesn’t provide any accommodation at client location so we have rented an apartment and stayed at client state.

As we are staying at the client location with my expenses so company gave accommodation (guest house) at the work (office) location state. So my pay stubs and taxes are paid to the IL state. And paid only little part of the tax to another state.

Now my question is, what state do I need to put as the resident state? My rental agreement and the car registration is in one stae but the pay stub is at taxes paied to the differnet state.

Thank you very much for valuable suggestions.

Anil

[AtlantaTaxExpert]

Anil:

The SPT is NOT an issue when it comes to children. As long as they spend at least SOME time in the United States in 2011, and are in the custody of ONE of the parents on the joint return for the entire year, you CAN claim them as dependents on your joint return.

Your wife is considered your child's sponsor, so put HER SSN on the Form W-7 and have HER sign it.

It seems that your resident state is where your employer's office is located. The other (client) state is a temporary work location. You will pay taxes to the client state for the work performed in that state. You will pay taxes on ALL income in the resident state, then claim a tax credit for the taxes paid to the client state.

[vnabap]

Thank you very much for your valuable suggestion.

I am clear on the ITIN number for my child

As I don’t have any address proof at residential(office location) state will that be any issue with filing taxes with guest house address or any friends address?

[AtlantaTaxExpert]

No proof of residency is required, so you COULD reverse the situation if you wish. Claim as the resident state the state where you spent the MOST time.

[vnabap]

Thanks for the clarification.

I am trying to apply ITIN for my daughter.

What I need select the Reason you are sumbiting Form W-7

Do I need to select the
'd - Dependent of U.S. citizen/resident alien'
Or
'g- Dependent/spouse of a nonresident alien holding a U.S. visa'

[AtlantaTaxExpert]

If you are on H-1, H-1B or L-1, then the first option.

If you are on J-1 or F-1, then the second option.

[vnabap]

Thanks, Expert!

I am on L1 so the option 1 is correct.

Thanks again for your help.