ITIN application for F2 dependents where F1 has only 8843 form and no tax return

[srichy3]

Hi, I am on F1 visa and my husband on F2 visa. I had a US income which is less than 4000 USD. So do I need to file federal tax return 1040 -NR or will 8843 for both of us would do for the time being. Since I donot have a tax return, should my husband apply for ITIN. Will this be a problem while filing state tax return (married filing separately) as my husband is my dependent and doesn't have ITIN.

[bine22 · Accepted solution]

If that was your only income and it was not self employment income you would not be required to file a return. You would only file form 8843 (assuming you are in the US less than 5 calendar years). Same for your spouse. He would only file form 8843.

However, if you are required to file a state return and you are planning on filing a joint state return, you most liekly will need an ITIN for your spouse. I would call the department of revenue fr your state and ask them how to handle this situation.

In any case, you cannot use Turbotax for your tax filings as a non-resident alien.