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    cshanbhag's Avatar
    cshanbhag Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 5, 2007, 02:09 PM
    State return for NJ while awaiting ITIN
    So, I have been on a H1b visa in the US for over 3 years. In 2006, I was married and my wife came here on a H4 visa in November.

    From the other questions here, I have gathered that we can file jointly as resident aliens .She will need an ITIN for taxes and that I will have to send W7 with my federal return.

    But, what do I do for my state and local returns? I will most probably be past the deadline before I get the ITIN from the IRS.

    So, can I apply for an extension to file for my NJ return? Does it have a penalty? What other options do I have? Can I send in a NJ return with status Single and then amend it later as "Married filing jointly".

    Any advice will be appreciated.
    Thanks

    Chandan
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 7, 2007, 01:35 PM
    Chandan:

    You DO have to wait for the ITIN.

    But if you are getting a refund from NJ, do not worry about filing late, as there is NO penalty if you do not owe any taxes.
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