Federal tax refund issue

[dazed378]

Hi All,

I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?

[snathan]

Hi All,

I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?

Wait for ITIN to be processed and once get the ITIN amend your tax filing.

[dazed378]

Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.

[cin45220]

Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Hey Dazed,

How much time did it take you to get the refund?

Thanks,
-CinBoy

[dazed378]

I sent the documents (tax return and W-7 together) through certified mail and as per USPS tracking, they were delivered on 28th Feb. However, IRS representative said they received my tax return documents on 14th March. I got the refund through direct deposit on 25th March.

[number30]

Where did you send it? Tax returns with ITIN Requests will go to different address.

[dazed378]

As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

[snathan]

As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

yes...

[snathan]

As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

For any reason if your ITIN application is separated from your Tax return, most likely they would deny the ITIN...the reason would be - You reqested the ITIN for tax filing and there is no tax return papers attached.

I dont have any idea why it happened.

[Michael chertoff]

Wait for ITIN to be processed and once get the ITIN amend your tax filing.

you seems to know everything man...whats your PD sir.

[number30]

As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

Call IRS. They help you very well.

[dazed378]

Thanks all.
I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

[snathan]

Thanks all.
I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

[number30]

You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

Yes That is the way. You have three years to ammend your tax return. It is simple and common

[dazed378]

snathan and number30, thanks a lot for your valuable input :).

[dazed378]

Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.

[roseball]

Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.

In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.

[dazed378]

A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."

Do I still need to file form 1040X? Please let me know.

[roseball]

A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."

Do I still need to file form 1040X? Please let me know.

In this case, I would file her W-7, call IRS when the ITIN is available and follow their instructions.