Filing Taxes for H4 visa holders and TIN

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Padosan

Registered Users (C)
Tax Identification Number (TIN) & W7

Those H1 visa holders who are married and have their spouses in the U.S on H4 can file joint taxes.

H4 holders are not authorized to work in the U.S but can file the taxes and get a TIN number.

This is just a reminder to those who have NOT applied for TIN of their spouses.

Step 1. Download and fill form W7 from http://www.irs.gov/pub/irs-pdf/fw7.pdf
Make sure to check on the box "e" in the section "Reason you are submitting Form W-7"

Step 2. Attach a copy of H4 holder's valid Passport (not the expired one) attested by a notory public.

Step 3. Fill and attach the H1 holder's form 1040 or whatever applicable to the W7 along with a copy of W2.
Make sure that you add your spouses name below your name on the tax return (1040). Leave the field blank where it shows SSN # of the spouse.

Step 4. Mail it to the ITIN Operations of IRS (address is mentioned on form W7)

The H1 holder's tax return attached here with the W7 is ONLY for obtaining TIN number of the spouse that will be mailed in 4-6 weeks.

Step 5. After receiving the TIN number of the spouse, the H1 holder should fill that number where applicable on the form 1040 (or whatever applies) and mail it to the IRS.

If the deadline approaches, get a date extention (normally it is 4 months) from IRS to file the taxes.

Step 6. The address to file taxes is different from the address to file W7, so the H1 holder should not consider the tax form (1040) sent with spouse's form W7 as the actual return. So the tax return needs to be sent to the correct address of IRS after receiving the TIN.

People who file state taxes need to wait for the TIN number before they can send their returns.

Hope it helps.:)
 
Hello! Just need some further clarification on this. I am currently working on applying for ITIN number for my wife but noticed on the W-7 form it clearly states under "HOW TO APPLY" Point # 2 at the end "After your Form W-7 has been processed, the IRS will assign an ITIN to the return and process the return". I also just called the toll free number listed on the form and the help desk confirmed that once I apply for the ITIN number after assigning the number they will also process my return? On the flip side if this is the case then the problem is if we use turbo tax etc it doesn't let one move forward without entering social security or itin number once we choose dependent. Has anyone done this before? Any help will be appreciated? I am thinking I will fill in a manual tax return form but then will I have to apply for an extension?
 
Hello Padosan ,

Thanks for all the information.


Sub:- For H1b visa holder with H4 wife filing joined tax return


Ref :- 1. H1 B visa ( from Sept15,2005 and filed 2005 tax without any problem last year)
2. Married on Nov3 , 2006 and my wife reached on Nov28,2006 with H4 visa




Recently I went to H&R block for tax filling.


I arrived on US on Sep 15, 2005. For applying as resident alien I waited until May 2006 to attain 183 days substantial presence test. Before that i went for an extension for tax submission.


Finally it everything went correct on 2005 tax submission.


I married on Nov3,2006 and my wife reached (h4 visa) here on Nov 28, 2006.

Now i want to file the tax.

So i filled w7 form and marked colulmn " e ".


1. H&R block just given a certificate saying that they checked my wife’s H4 visa and passport and other certificate and everything is correct. They didn’t sign on the copy of H4 visa paper.

They told me that just send the certificate which they given with w7 form and filled tax 1040EZ paper for getting ITIN and copy of w2

And also told that no need to resubmit the 1040EZ form to IRS after getting ITIN number, because ITIN people will send it directly to concerned office.

They also told me to wait for filing state tax return after getting the ITIN number.

2. Is the SPT is necessary for my wife too, for joined filing?

3. They told me that i don't need to extend the period for tax filing too


I want some clarifications on the following.

1. Is I need to wait until May or june end to file the joined tax return (because my wife SPT will achieve only on that period).

2. Is it compulsory to put a copy of H4 visa paper notarised, instead of the certificate i got from H& R block saying that they checked everything and it is correct.

3. Am I need to resubmit 1040EZ form to IRS, after getting the ITIN .


4. Is there any need for applying extension for my tax returns, because I have to wait atleast 4 weeks to get my ITIN .

My advance thanks


Apa
 
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