Can I file California state tax without an ITIN?

[john699]

I am married filing jointly. I am applying for an ITIN for my spouse. Can I attach form W-7 to my state tax return and mail it or do I have to apply for an extension and wait until my wife has an ITIN to e-file my state tax?

[MarilynG1]

You can mail your California return with a copy of the W-7 form attached.

Click this link for more info California Tax and Form W-7.

[john699]

Do you know if I only need to attach a copy of the form W-7 or do I need to include my spouse's passport as well to prove her foreign status?

[ToddL99]

No, do not include your wife's passport as proof of her foreign status. A copy of the W-7 will let CA know everything necessary to process your state return - if they need more, they will contact you. 

[john699]

Thank you very much for the clarification. I have never filed by mail before so please excuse the confusion. Just one more thing, do I have to attach my state return to my federal tax return? Or do I just mail them separately, the federal return to the IRS and the state return to the Franchise Tax Board?  

[AmyC]

Mail each separately and track that the mail safely arrived. You would not want your information in the wrong hands. You don't need a signature, just tracking for both state and federal.

[Juan621]

John:

How did mailing your w-7 with your state return work out? Any issues?

[EdgarRodríguez]

Hi, AmyC!

I’m in a very similar situation here!

Currently waiting for spouse and child ITIN’s.

Quick question, if you don’t mind.

Should I go ahead and file CA state by mail (along with W-7’s) or can I just wait for the identification numbers and efile my CA state return as soon as I get them? I understand CA gives an automatic extension to file taxes. I don’t owe any money, I should be receiving a refund this year. I should be getting these before the deadline (Oct 15, I think).

Thank you in advance for your time!

[AmyC]

You can wait for the numbers and then file. If you don't have them by the deadline, you could mail it in with the forms. Efiling is much easier and better so waiting is a good option. CA does have an automatic extension so you are in good shape.

@EdgarRodríguez 

[EdgarRodríguez]

@AmyC 

Thank you so much for the quick response!
Yes, I thought that would be the smart thing to do. Just a matter of the itin’s making it on time, right? 
I’ll make sure to file by mail if I think they may not make it.

Thank you! 

[DawnC]

Right.  Give the itins as much time as you can before resorting to paper filing..