[andyshub]

Hi,

I'm on H1 since Nov05. In 2006, I had 2 life events: Marriage & Moving

I have the following questions:
1. I got married in Dec2006. My spouse arrived in Jan07 & is a homemaker after marriage.
Do I file as Married filing jointly or Married filing separately?

2. I have 2 State Filings -
CA for first quarter - would I be a resident or non-resident for 2006?
MN for the next 3 quarters - would I be a resident or non-resident for 2006?

3. I do not have ITIN for my spouse.
Turbo Tax does not let me e-file without her ITIN.
How do I generate the documents for paper filing?

4. From the forum, I understood that I need to do W7 & attach her passport & Federal filing copy.
What about state filing?
Does anyone know the rules for CA or MN. Can I write 'Applied For' in the State Filings?
Or Do I need to file an extension for the 2 states?

I checked with H&R Block yesterday & they appeared to be quite confused..

Any advice will be greatly appreciated..

Thanks.

[AtlantaTaxExpert]

1) File Married filing jointly and BOTH choose to be treated as resident aliens for all of 2006.

2) File as part-year resident for both states.

3) You cannot efile. You must complete Form W-7 to apply for the ITIN and mail it with your return to the address in the W-7 instructions.

4) Wait until you get the ITIN back before you file the state returns. Apply for an extension.

H&R Block has NO expertise in these matters; avoid them.

[andyshub]

Thanks a lot for your updates.
Reg. your reply, I need more clarifications..

1) File Married filing jointly and BOTH choose to be treated as resident aliens for all of 2006.
Question: My spouse arrived in Jan07. She was not in US in 2006. Does this apply?

4) Wait until you get the ITIN back before you file the state returns. Apply for an extension.
Question:
I checked for both states MN & CA..
MN state does not have a extension filing; it says you attach the Payment voucher if you owe the State.
CA has a deadline of Oct 15.
Both states owe me so tax softwares do not allow to file for state extension.
What should I do?

[AtlantaTaxExpert]

1) Her physical location in 2006 is Irrelevant.

4) Just wait. Since refunds are due, there will be no penalties for filing late.