Question on filing tax return after deadline while waiting for ITIN for dependent

[Anonymous]

Deadline for ITR 2017 now is Apr 2018. What happens if I file ITR after deadline? I have to get ITIN also for my wife to include her as dependent. I'll get ITIN only after Apr'18. If I file after April 2018 with ITIN will I still get my Tax Return same as normal filing? What are the negative impacts of filing it after deadline?

[bine22 · Accepted solution]

First, you are applying for the ITIN together with your return, not separately. Also, a spouse is never a dependent on your return, you can file jointly or separately. So if you do that before the deadline, you are fine. If you file after the deadline, you might owe interest/penalty for late filing if you owe taxes, if you do not owe taxes, there is no interest. If you need to apply for an ITIN for a child, you need to make sure to file that before the deadline to be eligible for the child tax credit.

What is your and your wifes visa status and since when are you both in the US?

[Anonymous]

Hi, thanks for your answer to my question. I returned to India on Dec 29 2017.from July 8 2017 my wife was with me in US with H4 Visa. Our Visa got expired in Aug 17 2017 and now it got renewed with validity till Aug 2020. I was in US from July 2016 to Dec 29 2017.my wife was in US with me from July 8 2017 to Dec 29 2017.

[Anonymous]

Hi, thanks for your answer to my question. I returned to India on Dec 29 2017.from July 8 2017 my wife was with me in US with H4 Visa. Our Visa got expired in Aug 17 2017 and now it got renewed with validity till Aug 2020. I was in US from July 2016 to Dec 29 2017.my wife was in US with me from July 8 2017 to Dec 29 2017.

[bine22]

so there is another issue you need to consider. You were a resident alien and your wife a nonresident alien.  Nonresident aliens cannot file a joint return. So you have the following option: 1) File married filing separately without claiming an exemption for your spouse. You would not need to apply for an ITIN. 2) File married filing separately with claiming an exemption for your spouse ,assuming she had no US source income. You would need to apply for an ITIN. 3) File jointly. Both of you would have to report worldwide income for the entire year. This requires adding a statement that you both choose to treat her as as resident alien for the entire year. Also requires an ITIN. You need to carefully consider this last option, as this choice is in effect until either both of you are nonresident aliens or it is revoked (in which case it can never be made again). So if only you are coming back to the US and your wife has income abroad, you would always have to report that.