Ask Me Help Desk - H1b Tax- Married in Dec, Wife in India

In following the links that have been supplied by the posters, I came across this 'news release' from 2003. I don't know if it might help clarify a couple points: IRS Announces Revisions to ITIN Applications

It appears in 2003, the IRS cracked down on people getting ITIN numbers for 'identification' purposes instead of for use on tax documents/forms which is the only time it is supposed to be used (according to the release). According to the 'news release', the ITIN has to be applied for by attaching the W-7 and proof of identification (as spelled out on the form) to a Tax Return. The IRS will not issue the ITIN until the Return is filed.

Thank you, Cat1864. I knew this announcement existed, but I could never find it.

Perhaps now Smoothy will listen to reason!

Perhaps ATE will listen to reason since THEY have yet to prove you need no tax ID (US Government issued) or SSN to file a claim or for ANY dependent you claim...

And go back through this thread because that's exactly what they claim.

And I have YET to see proof that that is optional presented by them quoting any document on the Current IRS website.

And the link I provided is not a wayback machine link... but a curent active link for Today's filing requirements on the IRS's own website.

ATE Claims no ID is needed for any claims... and they have YET to prove any validity of that claim.

You do NOT just claim someone without legal status in this country, spouse or children.

Because as non-US citizens they lack a SSN so they are issued an ID number by the Government once they have permission to reside here.

THey don't get a free ride not having to prove they are real people... and NO a Wedding certificate won't do it either. Without a VISA or Green card allowing them to live here (tourist visa as example of what isn't valid) they don't get an ID... without and ID you can not claim them.

A drivers license from Tibet... isn't a valid ID. Outside of Tibet that is.

I'VE been there... I know what is required for that... I know what they will not accept and what they will.

You aren't claiming someone without a Visa or Green card allowing them to reside here, because they aren't going to be issued that unique ID number until they do... and dreaming something up or omitting it WILL cause the return to be rejected, and possibly worse, triggering possible penalties, and interest at least.

Smoothy:

As part of the preparation process, I require each client to send me a clear copy of their visa to verify BOTH their visa status and to validate their identification.

If I am dealing with a U.S. citizen, they have to send me a picture ID, such as a driver's license, to validate their identification.

I probably did not make that clear in any of my posts, but that is an implied requirement by the IRS.

Further, once the Form W-7 is prepared, a notarized photocopy of the passport is stapled to the Form W-7 and submitted with the tax return. If the client cannot get it notarized at a local bank (this is a problem in California, which does NOT allow their notaries to notarize photocopies), I tell them to go to the local IRS office to get the passport photocopy certified.

If the person who is applying for the ITIN is overseas, in addition to getting the passport photocopy notarized, they also must get an apostille (a document that certifies the authenticity of the photocopy) from the foreign government agency that issued the passport.

The issuance of an ITIN is NOT automatic; the person who submits the FormW-7 has to submit significant proof of their identity WITH the Form W-7.

AtlantaTaxExpert I need your suggestion for my tax filling. My status is as following

Work : MBA student till April 09 on F1 Visa, Started working on OPT from July 09 - Dec 09. My total income for tax period 2009 is $65000

Personal : Got married in Dec 09 in India. My wife is still in India and she has never been to US before but she will come to US on H4(Have not filed yet). She does not work in India.

I went to H&R block and they said that I will have to file as Non - Resident Alien(NRA) and that as NRA I can not cliam tax deduction for being married.

I need you suggestion to get maximum tax refund.

THanks,

Vishal

Vishal:

Sorry for the delay in answering; it's been hectic.

You need to file as a non-resident alien. However, because you are Indian under a student visa, you can claim your wife as a dependent on Form 1040NR. She will need an ITIN.

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

This can also be done at a Indian notary, but if she will be returning to the U.S. within the next few months, you should get it done in the U.S. at any local bank, because in addition to the Indian notarization, you need to get an authentication document from the Indian government called an apostille. Getting this form from the Indian government can take anywhere from three days to six months.

saratka does not find this helpful : wrong

Saratka... please read the site rules before you go around blasting people on things you know nothing about. There are rules pertaining to when you are allowed to use not helpful or disagrees. And your opinion isn't a valid reason. I've reported this to the site admins.

Well said, Smoothy!

In spite of our difference of opinion on this particular issue, I have found you to be both helpful to the general posting public and thoughtful in your replies.