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Hi, I spent 2008 in US on H1 and my wife and kid have not yet joined me here..and also their visa is not yet stamped...while filing for 2008 taxes do I need to file as jointly along with kid or as single. Can ITIN be applied for my dependents who are not yet in US? please advise.
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You have to file as married if you are married. How can you file as single if you are married?
Read about ITIN on immihelp and IRS.
https://www.immihelp.com/newcomer-to...uide/itin.html
Consult a tax professional if you are clueless.
I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first. -
hi,
You can file as a single though you are married and one person can clame the kid as a dependent. So if you are filing as single, so does your wife, only one of you can claim the kid as a dependent! IRS gives the benefit of status to residents/citizens. work out both, see where you have to pay less,file it! any more questions - let me know...i "kinda" do this for living...Comment
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Hi Sparkles, my wife is not going to file her's as she is not in US...my question is can I file my tax mentioning my wife and kid as my dependents if they are not here with me in US? Can I apply for their ITIN even if they were not in US with me for whole 2008 year? Please advise.Originally posted by sparklesComment
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Yes, you can claim them both as dependents, i dont think they can be issued ITIN but you have to give evidence of dependents (if in another country and donot have SSN)To issue ITIN you have to have a SSN-which they dont have-i assume. also, donot forget to claim yourself as Household for those extra perks!
I so wish i had dependents....they have real cash value (well at the end of the year atleast)Comment
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You can file jointly; cannot claim kid
Hello,
Yes, you should file married filing jointly. Fill-up W-7 Form for your wife (IRS accepts faxed W-7s so have her sign it and fax it to you from India), then attach it to your tax return and send it to the address given on the W- Form (I am not sure, but I believe its an Austin, TX address).
Make sure you send the completed tax return (select Married Filing Joint status), signed by the two of you, leave your spouse's SSN colum blank, attach the completed W-7 Form (signed by your wife), and her notarized passport copy.
After the ITIN is processed they will grant an ITIN number to your wife and send it in a letter to the address you write on W-7 Form - the tax return is sent to IRS with the valid ITIN and will be processed regularly.
For any non-spousal depdendent to be claimed they have to be residing in US, with you in your residence for more than 6 months. Since your child does not qualify under this requirement you MAY NOT claim him/her as a dependent on your tax return this year. If the child lives with you for more than 6 months in 2009, then you can claim him/her in 2009 tax return.Comment
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What a great resource, thanks to all the folks contributing their knowledge. I just got IV's for my Wife and Daughter... Have been claiming my Wife using ITIN and have left my kid off for the reason mentioned above by SunnyGN.Originally posted by SunnyGN
My question is... are there any ways to do amendments to previous tax years once my kid passes the 6-month requirement or is it all forward looking only?
Best Regards,
ICHANComment
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Tax Year is Calendar Year
ICHAN,
There is usually no question of amending a return to add a dependent - unless one forgets to!
Tax year is the calendar year; from Jan 1st to Dec 31st. If during the period your son completed 6 months (183 days) of stay here, then you can claim him as your dependent when you file for your taxes in the immediately following Jan/Feb/March/upto April 15.
If your son finishes his 6 months of stay AFTER Dec 31st, then it does not count as 183 days of stay in that tax year.
Sunny Blue SkiesComment
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Thanks very much SUNNYGNComment
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