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    mixhere's Avatar
    mixhere Posts: 3, Reputation: 1
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    #1

    Sep 15, 2009, 02:14 PM
    What applications should I file after filing tax extension in April
    I came to US in Oct 2008 on L visa and I filed tax extension in Apr 2009 as I was in a dual status at the time. I want to know what applications should I file now? 1040? And what else? I think I can file a joint return with my wife.

    Thanks.
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    mixhere Posts: 3, Reputation: 1
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    #2

    Sep 15, 2009, 03:52 PM

    By the way, my wife is on F1 visa before 2009/04.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #3

    Sep 16, 2009, 01:52 PM
    If you are married, you have the option to file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

    You will need to submit Forms W-7 to apply for an ITINs for your wife. A notarized photocopy of her passport needs to be stapled to the W-7.

    The downside is that you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

    Even with the downside, this is probably the best way for you to file.
    mixhere's Avatar
    mixhere Posts: 3, Reputation: 1
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    #4

    Sep 17, 2009, 03:25 PM

    Why do we need to submit w7? W7 shows "Do not submit this form if you have, or are eligible to obtain, a U.S. social security number (SSN)." As my wife was a student in 2008, she has her own SSN.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Sep 21, 2009, 10:54 AM
    Okay, then the W-7 is NOT needed.

    Most of my clients who are married DO need an ITIN for their spouses, but not for you, which makes the return submission a LOT easier.
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