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rranja01
New Member

I am filing my return for 2018 and would like to know if itin is required for my as our stay in USA is less than 180 days in 2018. I checked with some other tax consultants and he said it’s not r

He said itin is not required for person if your stay is less than 180 days in USA but I don’t see option on TurboTax to proceed without my daughter itin.
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3 Replies
pk
Level 15
Level 15

I am filing my return for 2018 and would like to know if itin is required for my as our stay in USA is less than 180 days in 2018. I checked with some other tax consultants and he said it’s not r

First -- are you US citizen/resident/resident for tax purposes?  How many days did you spend in the USA during 2018, 2017 and 2016?  Is this return for yourself  or for your daughter?  Which country are you form? why are you trying to file -- US sourced income during 2018 or what?

rranja01
New Member

I am filing my return for 2018 and would like to know if itin is required for my as our stay in USA is less than 180 days in 2018. I checked with some other tax consultants and he said it’s not r

I am on H1B visa and my daughter is 2 year old. I wasn’t here in 2016, 2017. I came here in November 2018.
pk
Level 15
Level 15

I am filing my return for 2018 and would like to know if itin is required for my as our stay in USA is less than 180 days in 2018. I checked with some other tax consultants and he said it’s not r

Well,  in that case you have two options ----(a)  file as a Non-Resident Alien using form 1040-NR ( Not supported by TurboTax ), pay taxes only on US sourced income, Married status, ----please visit Sprint Tax ( TurboTax partner ), or  a tax professional;   (b)you file  Married Filing Joint  and include your daughter as a dependent, prepare return using TurboTax, use fictitious SSN/ITIN for spouse and daughter  ( assuming they do no have a tax-id ), print the return, sign/.date  by both of your , snowpake out the fictitious SSN/ITIN, hand write -in NRA in place  of SSN/ITIN, complete  W-7 forms for  spouse and daughter along with all the documentation required,  add a note  requesting that you both wish to be treated as a resident for the whole of 2018  ( NOTE-- this will bring your home country income under US taxes and give you credit for taxes paid to your home country ) stipulating
 1. you were not a resident for 2017,
2. you have lived in the USA for at least 31 days,
3.   that you have lived in the USA for at least 75% of the days counting  from your admission to the USA till the end of the year 2018 and
4. that you will meet the Substantial Presence test  ( 183 days ) during 2019
5. you and your spouse want to treated as a resident for tax purposes for the whole of 2018

Mail in the whole package to the IRS.

Note -- I do not know if this is worthwhile, only because you have been here for such a short period and you are exposing your home country ( India ) income to US taxes

Is there something else I can do for you ?

Namaste ji

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