Ask Experts Questions for FREE Help !
Ask
    smashingatomz's Avatar
    smashingatomz Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 17, 2006, 10:29 PM
    Spouse on H4, no SSN/ITIN
    Hello,

    I was in USA on a H1B visa for close to six years, I got married in May 2005 and my wife accompanied me to the US for four months. We returned to our native for good in September 2005.

    I did not file for a ITIN/SSN for my wife during her stay. Can I file a joint return claiming her as a dependent for the year 2005 without obtaining a ITIN for her?

    Or can I file a W-7 ( not sure what proof I need to submit now that we are no longer residing in the USA) along with the tax return?

    I am confused, can someone help me with this issue?

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

    Feb 17, 2006, 11:15 PM
    Atomz:

    You are a dual-status alien, which means yo have to file a Form 1040 and a Form 1040NR.

    Unfortunately, you cannot file such a return jointly with your wife. Since you were under a H-1B visa, you cannot claim her as a dependent either.

    Sorry!
    smashingatomz's Avatar
    smashingatomz Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Feb 17, 2006, 11:43 PM
    Thanks for your reply.

    Two more questions:

    1) Do I need to file the 1040 and 1040NR for the entire year OR
    1040 between Jan and sept 2005 (Status as single although I was married?)
    And 1040NR between Sept 2005 and Dec 2005?

    2) Can I claim exemptions on my spouse if not as dependent?

    Thanks,
    Atomz
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 18, 2006, 08:22 AM
    Atomz:

    1) The dual-status return is a paperwork drill that requires you file Form 1040NR as a "Dual-Status Return", with Form 1040 as a "Dual-Status Statement". The tax computations are actually done on the Form 1040NR. It is not an easy return to prepare.

    2) Unfortunately, you can not claim your wife either as a dependent or by filing jointly. You get NO benefit at all from her tax-wise.
    smashingatomz's Avatar
    smashingatomz Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Feb 18, 2006, 09:03 PM
    That sucks, thanks for your reply.

    Can I at least claim relocation expenses to my native or rent as itemized deductions if I am filing a 1040 NR?

    Thanks,
    Atomz
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Feb 19, 2006, 10:27 PM
    Atomz:

    You cannot claim the rent.

    You can relocation costs to your native land using Form 3903.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

No ITIN For Spouse [ 5 Answers ]

Hi, Problems: 1) No ITIN For spouse. 2) Only 3 days remain to file taxes. 3) worked in 2 states(CA and NC) and I might owe about $10 in NC but will be receiving money in CA and Federal. 4) To claim standard deduction I need to wait until I get spouse's ITIN. One suggestion has been to...

L1, Spouse on L2 ITIN Filing - Visa or I797A? [ 5 Answers ]

I am on L1 and have SSN. My wife is on L2 and does not have SSN. This is the first time I am filing under Married status. I am preparing Form W7 to be filed with Form 1040-EZ. Instructions for Form W7 Box 6C says enter nonimmigrant visa information, number and expiry date. Since our original...

ITIN/ 1040X question [ 1 Answers ]

Hi, My wife and me got married in June of 2005. So, for tax purposes I considered myself married for FY 2005. I was on an F1 visa then and it got converted to a H1 in Oct of 2005. I filed the 1040NR filing jointly. I had already instructed my employer about SS taxes and Medicare taxes so those...

What is needed to get ITIN [ 1 Answers ]

Hi, I came to US in Feb 2006 on H1 and working in Atlanta since then. 1 month back, my wife joined me on H4 visa. To get health insurance (family plan), they asked to ITIN(since she is not eligible to get SSN). But, W7, they ask to attach documentation providing reason for applying for...

State tax filing for F1 visa holder - spouse has no ITIN/SSN [ 7 Answers ]

Hello, I am a student on an F-1 visa , and have a wife on an F-2 dependent visa. I can file the federal tax forms without an ITIN for my wife as I will be completing a W7 to apply for an ITIN. How can I claim my wife on any of the state tax forms, as they ask for the spouse's ITIN? Thanks in...

View more questions Search