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  #1 (permalink)  
Old 02-17-2011, 03:08 PM
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Default Joint Tax filing - wife on H4 & ITIN?

This yr I need to file jointly. Got married last year and my wife is on H-4. I am told I need to apply for ITIN Number and file via paper only.

Can someone who has gone through this process shed some light? is this something that can be done by an individual?. I have filed taxes before on paper and via websites.

Thx
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  #2 (permalink)  
Old 02-17-2011, 03:27 PM
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Default steps

1.go to the irs site and file itin for ur wife
2.go to a tax accountant and file ur taxes, the accnt will write "filed for ITIN " on the return and send it to IRS
3.will take quite some time to get ur refund

Quote:
Originally Posted by sundarpn View Post
This yr I need to file jointly. Got married last year and my wife is on H-4. I am told I need to apply for ITIN Number and file via paper only.

Can someone who has gone through this process shed some light? is this something that can be done by an individual?. I have filed taxes before on paper and via websites.

Thx
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  #3 (permalink)  
Old 02-17-2011, 03:34 PM
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You can file for ITIN along with your Tax filing. You can get the relevant forms and require docs from the IRS web site. I have done that couple of years back.
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Old 02-17-2011, 03:37 PM
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I had gone thru this but that was in 2006 some rules might have changed,

First you need to apply for ITIN for your wife and paper file the tax in place of ss# for your wife you need to write 'APPLIED FOR ITIN'. I guess thats all you need to do but please verify new rules for ITIN(Form W-9). Once you get ITIN from next year onward you will be fine for e-file. hope this info helps
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  #5 (permalink)  
Old 02-17-2011, 03:49 PM
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ITIN cannot be applied separately from the tax return. They have to be done at the same time and mailed in together (1040 + W7).

The way I did it was that I used HRBlock to fill out all my information online, and instead of e-filing, I printed out the return. Make sure that you leave the SSN field blank for your wife since that's where the ITIN will be assigned. HR Block online site did not allow me to leave it blank so I did a 'jugaad' I filled it out with the text 123456789, and then after saving it to pdf, I used a pdf editor to blank out the field, and then finally printed it out.

Now fill out the W7, put everything including your joint filer tax return in one envelope and send to the appropriate address and you should be good to go.
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  #6 (permalink)  
Old 02-17-2011, 03:50 PM
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Quote:
Originally Posted by cbpds View Post
1.go to the irs site and file itin for ur wife
2.go to a tax accountant and file ur taxes, the accnt will write "filed for ITIN " on the return and send it to IRS
3.will take quite some time to get ur refund
Incorrect. 1 and 2 cannot be filed separately. They MUST be mailed in together to IRS. This is a very common mistake everyone makes, and it ends up denying their ITIN application and delaying their refund.
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2012 Jun - Greened !!
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  #7 (permalink)  
Old 02-17-2011, 04:59 PM
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Dude,

I followed the steps I wrote and got the refund, did not do any 'jugaad' like you.

Grow up, learn to accept that there are multiple ways of getting a refund !!



Quote:
Originally Posted by forgerator View Post
Incorrect. 1 and 2 cannot be filed separately. They MUST be mailed in together to IRS. This is a very common mistake everyone makes, and it ends up denying their ITIN application and delaying their refund.
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  #8 (permalink)  
Old 02-17-2011, 05:48 PM
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Quote:
Originally Posted by cbpds View Post
Dude,

I followed the steps I wrote and got the refund, did not do any 'jugaad' like you.

Grow up, learn to accept that there are multiple ways of getting a refund !!
I am not sure when you have filed. But if you are filing ITIN without tax filing and claiming the purpose as Tax filing - it will be rejected.
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  #9 (permalink)  
Old 02-17-2011, 07:15 PM
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some background before I answer your question: I got married in mid-2008 and that year my wife was on H4. She was in the US for only 3 months in 2008 including the last day of 2008. So...

1. I filed the Federal return as 'married filing jointly'. Paper filed. Kept the Spouse's SSN blank.
2. Attached the ITIN application to the federal return. Also attached a notarized photocopy of wife's passport's biographic page and H4 visa pages. You can get the photocopies notarized at the local library, for example.
3. Also attached a letter with the Federal return requesting the IRS to treat my wife as a resident because she was not in the country in 2008 long enough to automatically qualify as a resident. You may not need this letter depending upon how many days your wife was in the US
3. The federal return was accepted by the IRS and they sent an ITIN number for my wife.
4. Used this ITIN number to file state taxes; the state I live in does not accept a tax return without a SSN/ITIN. Again, you may not need to file state taxes depending upon which state you live in.

My Federal and State tax returns were accepted without any glitches. Remember to file your federal return early so that you have enough time to then file the State return in time, in case the state you reside requires you to life a tax return and also requires an ITIN number.

Hope this helps.
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  #10 (permalink)  
Old 02-17-2011, 07:26 PM
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Quote:
Originally Posted by cbpds View Post
Dude,

I followed the steps I wrote and got the refund, did not do any 'jugaad' like you.

Grow up, learn to accept that there are multiple ways of getting a refund !!
Depends on when you filed. The rule is changed now - previously they allowed to file separately but now they must be filed together. Not sure what multiple ways of refund you're referring to, I think you're confused.
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  #11 (permalink)  
Old 02-17-2011, 07:31 PM
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Quote:
Originally Posted by bugmenotu View Post
3. Also attached a letter with the Federal return requesting the IRS to treat my wife as a resident because she was not in the country in 2008 long enough to automatically qualify as a resident. You may not need this letter depending upon how many days your wife was in the US
Even this is not needed.

As long as your wife is on H4, even if she never entered the US, she can qualify for ITIN and you can get the married filing jointly refund.

You can read my full account below (in case it can benefit someone in similar situation):
http://immigrationvoice.org/forum/fo...tax-forms.html (Question about ITIN, Stimulus, Tax forms)
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  #12 (permalink)  
Old 02-17-2011, 07:54 PM
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Quote:
Originally Posted by cbpds View Post
1.go to the irs site and file itin for ur wife
2.go to a tax accountant and file ur taxes, the accnt will write "filed for ITIN " on the return and send it to IRS
3.will take quite some time to get ur refund
That was old process. It is changed now.
Go to tax accountant and tell him that you need file ITIN number spouse. He will prepare tax return and W7 form. There is Separate Mailing Address for W7 and Tax return together. (It was Philadelphia PA for Texas filing when i saw i last time)
It will take some extra time get money.
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  #13 (permalink)  
Old 02-17-2011, 10:57 PM
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you can even go to local IRS office and file W-7 along with tax return. they will verify the documents on the spot and there will be less chance of rejection.
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  #14 (permalink)  
Old 02-18-2011, 09:48 AM
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Quote:
Originally Posted by snathan View Post
You can file for ITIN along with your Tax filing. You can get the relevant forms and require docs from the IRS web site. I have done that couple of years back.
I think this is the way to go.
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  #15 (permalink)  
Old 02-18-2011, 10:55 AM
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To file ITIN Number you need to submit W7 form. No wastes your money going to Tax consultant.

Send supporting documents (as per W7 Instructions)

How to Apply - Second Bullet says the following.

Your original, completed tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you are applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to contain an expiration date, they are considered current at all the same tax return. After your Form W-7 has been processed, times. The IRS will assign an ITIN to the return and process the return

Link to W7 Instructions

Link to W7 Form

Mail both W7, supporting documents and your Married Filed Jointly tax returns to Austin, Texas address (this is different from regular tax mailing address).

It took us about 6 weeks to get the ITIN + Tax Refund.

State Tax Return (if required)

Till you receive the ITIN, you will not be able to file state tax. So, if you apply for ITIN no in Feb, if you get ITIN before April 18, then file your state tax, if not, apply for State Tax extension.
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Last edited by lifestrikes; 02-18-2011 at 10:59 AM.
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