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Your spouse can file a joint return with you if she wants her income taxed too.
One sec while I get you the exact law
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. If you make this choice, you and your spouse are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages.
This means your spouse would be taxed in the US on her income, worldwide.
If she does not have income then this is not a bad thing
Yeah , She doesnt have income.
I see , so what papers will she need to be sent ?
Then that would be beneficial. She will need a tax number. Teh ITIN using W7
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:
You file the W7 with your tax return.
I see....so should I file it from now , or wait till next year ?
You can file it for the year you were married. If you were married in 2013 you would file joint in 2014 when you file your US return for 2013.
I see , sorry for the many questions , but what date should I file it ?
You mean what date to file your tax return or the W7?
I am married in 2013
You file the W7 with your 2013 tax return. That can be filed anytime from Jan to April 15th of 2014.
So as a summary :
File W7 and Tax return at that time
is it the W7 ?
or there is a specific form for the declaration
The declaration is a written statement by the both of you no specific form issued . The W7 is the request for the ITIN.
I will get you the W7 link
These are the instructionshttp://www.irs.gov/pub/irs-pdf/iw7.pdf
It is very important to follow them as your spouse will need the ITIN, unless she can get a SSN.
Great ! so is there a specific template for the declaration , and what ill be the identification number for my wife ?
The ITIN (Individual Taxpayer Identification Number) takes the place of a SSN for taxes. It is when someone can not be issued a SSN
No template just make sure the statement clearly shows:
Sorry for the many questions, One last question ....
How can I get the ITIN number for wife ?
The W7 is what is used
You send it with the tax return
The IRS issues the numbers when you have a tax reason that requires one, such as filing a return
Ok , got it
IRS will sed me a filing return ....has ITIN number
Will send them w7 + decleration
Am I correct ?
You will file, including the statement, and the W7 requesting an ITIN for your spouse.
The IRS does not send you a return to file
It is up to you to send them the return, and the other things
You are employed, so you will receive a W2
Then you file the return and the items I mentioned
So the declaration statement that I will send doesnt need the ITIN number of my wife to be on it . I will get it after I file those two.....
Thanks for the help
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Will do that
Sorry one last question please.
My wife will be eligible to get SSN as she will be on H4 visa.
Can I file the tax return with the ITIN or with SSN when she gets it ?