Can I file a state tax return while ITIN is still in process by IRS?

[Hao Xi]

My wife and I will file the state tax return jointly. 

She is not eligible for a SSN, so we mailed W-7 form with federal tax return to IRS to request a ITIN for her. The problem is, it is likely the ITIN won't be assigned before April 15th.

Should we file an extension for my state tax return? Is there a chance that I can still file state tax return when ITIN is in progress?

[JotikaT2]

It depends.

The Clovid-19 situation has resulted in the IRS extending the filing due date for federal returns to July 15, 2020.  Some states have followed the IRS extension of the due date.

Attached is the information we have available today.  This information is continually changing at this point so please check back if you do not see your state listed.  

Extended tax filing

I have also a attached a link to the state Department of Revenue websites.  You can also select your state on this list to determine if they have extended their due dates.

How to contact my state Department of Revenue

[Hao Xi]

I am in GA and I saw in the local website the due date is still April 15th. I think my question should be, can I file my state tax return with my wife jointly when her ITIN is in processing? Thank you!

[DeanM15 · Accepted solution]

I would file for an extension either for Georgia return or for your Federal return which would cover both. 

There are two ways to file for an automatic 6-month extension for Georgia. You can file for a Federal extension, which will cover both returns, or you can file a Georgia extension on Form IT-303.

To file a Federal extension in TurboTax:

1. Open your return in TurboTax Online. (To do this, sign in to TurboTax and select Pick up where you left off).
2. Select File an extension at the bottom of the column on the left side of the screen.
   • If you don't see the File an extension button in Step 2 above, search for extend in the upper right and select the Jump to link at the top of your search results.
3. Follow the on-screen instructions to e-file your extension.

Keep in mind, an extension is an extension to file, not an extension to pay. The federal government has given an extension of time to pay until July 15th, but Georgia has not yet extended anything.