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vjsd
New Member

I am on H1B in US from Feb-2016 onward. My Wife with H4, was in US from Feb-2016 to Nov-2016. How can I get her ITIN done? Can I file tax return & ITIN after 18-Apr-2017?

I am on H1B visa, staying in US from Feb-2016 onwards. My Wife, who holds H4 visa, stayed in US from Feb-2016 to Nov-2016 and now she is back to my home country and will return in Aug-2017. She stayed in US for more than 9 months. (1) Does she need to be in US for applying ITIN? (2) Can I apply for her ITIN on her behalf? (3) Can I file tax returns after Apr 18th 2017 along with applying for her ITIN? Note: I am expecting returns and I do not think I owe any tax.


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pk
Level 15
Level 15

I am on H1B in US from Feb-2016 onward. My Wife with H4, was in US from Feb-2016 to Nov-2016. How can I get her ITIN done? Can I file tax return & ITIN after 18-Apr-2017?

Whether you expect refund or not the process is pretty much similar -- I am assuming your desire for the ITIN for your wife  ( who is and was a non-resident alien) is because you want to file MFJ.  Note that you are a dual status taxpayer -- NRA ( Non-resiendt alien )  for the first part of the year i.e. till you met the susbtantial presence test sometime in early August and therefore only US sourced income is yaxed by the USA;  the rest of the year you are a "resident for tax purposes"  and your world income is subject to US taxes. Also if your wife agrees to file jointly with you ( Married Filing Joint) then her  world income would also come under US perview.  Generally, if she did not have any world income during her US stay and thereafter till the end of 2016, then filing joint with and ITIN may be advantegous for you.

The easiest way to file joint  with a NRA spouse is to  file a W-7 form ( Application for ITIN ) along with all the documents  required and  paperfile -- this means that she has to wet-sign the forms ( Fed-EX or DHL  use is suggested ). This ITIN then is retroactively applied to 2016 return -- you need the ITIN solely for the purpose of filing MFJ.  This  essentially answers your Q1, Q2

Q3 --  you can perpare your return using MFJ and then if you find that you may have to pay some money in to the IRS ( you owe taxes , instead of a refund ) then you can use  pay the extra amount along with your request for an extension, This will grant to time till Oct to file your return -- of course the sooner you file the return the sooner the ITIN will be issued.

Hope this answers all your needs -- if you have more , please consider commenting to this or start a new specific question

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2 Replies
pk
Level 15
Level 15

I am on H1B in US from Feb-2016 onward. My Wife with H4, was in US from Feb-2016 to Nov-2016. How can I get her ITIN done? Can I file tax return & ITIN after 18-Apr-2017?

Whether you expect refund or not the process is pretty much similar -- I am assuming your desire for the ITIN for your wife  ( who is and was a non-resident alien) is because you want to file MFJ.  Note that you are a dual status taxpayer -- NRA ( Non-resiendt alien )  for the first part of the year i.e. till you met the susbtantial presence test sometime in early August and therefore only US sourced income is yaxed by the USA;  the rest of the year you are a "resident for tax purposes"  and your world income is subject to US taxes. Also if your wife agrees to file jointly with you ( Married Filing Joint) then her  world income would also come under US perview.  Generally, if she did not have any world income during her US stay and thereafter till the end of 2016, then filing joint with and ITIN may be advantegous for you.

The easiest way to file joint  with a NRA spouse is to  file a W-7 form ( Application for ITIN ) along with all the documents  required and  paperfile -- this means that she has to wet-sign the forms ( Fed-EX or DHL  use is suggested ). This ITIN then is retroactively applied to 2016 return -- you need the ITIN solely for the purpose of filing MFJ.  This  essentially answers your Q1, Q2

Q3 --  you can perpare your return using MFJ and then if you find that you may have to pay some money in to the IRS ( you owe taxes , instead of a refund ) then you can use  pay the extra amount along with your request for an extension, This will grant to time till Oct to file your return -- of course the sooner you file the return the sooner the ITIN will be issued.

Hope this answers all your needs -- if you have more , please consider commenting to this or start a new specific question

vjsd
New Member

I am on H1B in US from Feb-2016 onward. My Wife with H4, was in US from Feb-2016 to Nov-2016. How can I get her ITIN done? Can I file tax return & ITIN after 18-Apr-2017?

Hi pk,
Thank you for helping me with this.

My Wife is going to be back in July 2017 or Aug 2017. In that case, will it be a good idea to process tax filing after she is back. W-7 application will be lot easier when she is here. Right now she is outside USA. Are there any implications of applying in July/Aug. Please note that I am expecting refund.

Thank you.

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