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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3898
Experience:  Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
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I am on H1B Visa in US and travelling to my country coming

Customer Question

I am on H1B Visa in US and travelling to my country coming September 2013 as my Visa expires. I am married and I get tax benefits in my Salary. When shall I apply ITIN for my spouse in the IRS office so that the tax benefits are applied while apply for tax returns?
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

NPVAdvisor :

Hi, yes the W-7 form is sent along with the tax return

NPVAdvisor :

Here's the IRS guidance on form W-7: http://www.irs.gov/instructions/iw7/ch01.html

NPVAdvisor :

Form W-7 (Rev. January 2012) - Internal Revenue Service and here's the form itself

NPVAdvisor :

You will need to send the form in by mail (or take to a field office), along withe the required identification documents

NPVAdvisor :

Here's a list of the offices in GA: http://www.irs.gov/uac/Contact-My-Local-Office-in-Georgia

NPVAdvisor :

They can help you there

NPVAdvisor :

Questions?

Customer :

Can I apply ITIN for my spouse now for the year 2013 returns?

NPVAdvisor :

IT is usually sent in, along with the return, let me check something for you... just a moment

NPVAdvisor :

Here's the general rule .. not let me get the exceptions:

NPVAdvisor :

How To Apply

Your application must include all of the following.

Note.

If you submit a Form W-7, all later ITIN notices and correspondence that you receive will be in English. If you prefer to receive them in Spanish, please submit Form W-7(SP).

  1. Your completed Form W-7.

  2. Your original, valid tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you are applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to the same tax return. After your Form W-7 has been processed, the IRS will assign an ITIN to the return and process the return.

NPVAdvisor :

Exception 1. Passive income—third party withholding or tax treaty benefits.

This exception may apply if you are the recipient of partnership income, interest income, annuity income, rental income, or other passive income that is subject to third party withholding or covered by tax treaty benefits. See the Exceptions Tables, later, for more details on Exception 1.

Information returns applicable to Exception 1 may include the following.

  • Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding.

  • Form 1099-INT, Interest Income.

  • Form 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax.

  • Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc.

NPVAdvisor :

Exception 2. Other income.

This exception may apply if:

  1. You are claiming the benefits of a U.S. income tax treaty with a foreign country and you receive any of the following:

    1. Wages, salary, compensation, and honoraria payments,

    2. Scholarships, fellowships, and grants, or

    3. Gambling income, or

  2. You are receiving taxable scholarship, fellowship, or grant income, but not claiming the benefits of an income tax treaty.

NPVAdvisor :

Exception 3. Mortgage interest—third party reporting.

This exception may apply if you have a home mortgage loan on real property you own in the United States that is subject to third party reporting of mortgage interest. See the Exceptions Tables, later, for more details on Exception 3. Information returns applicable to Exception 3 may include Form 1098, Mortgage Interest Statement.

NPVAdvisor :

Exception 4. Dispositions by a foreign person of U.S. real property interest—third party withholding.

This exception may apply if you are a party to a disposition of a U.S. real property interest by a foreign person, which is generally subject to withholding by the transferee or buyer (withholding agent). See the Exceptions Tables, later, for more details on Exception 4.

Information returns applicable to Exception 4 may include the following.

  • Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests.

  • Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests.

  • Form 8288-B, Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests.

NPVAdvisor :

And finally ...

NPVAdvisor :

Exception 5. Treasury Decision (TD) 9363.

This exception may apply if you have an IRS reporting requirement under TD 9363 and are submitting Form W-7 with Form 13350

NPVAdvisor :

Otherwise the return itself (where the person is filing - your wife, jointly with you, for example) is a required part of the application packet

NPVAdvisor :

That very first like I provided has all of this information if you need to come back and reference it

NPVAdvisor :

sorry "link" that I provided: http://www.irs.gov/instructions/iw7/ch01.html

NPVAdvisor :

So, to recap, by far the most common way to submit the W-7 to apply for the ITIN is to send along with the tax return

NPVAdvisor :

I still don't see you coming back into the chat, so I'll move us to the "Question and answer" mode now. ... Maybe that will help.

NPVAdvisor :

Let me know if you have questions

NPVAdvisor :

Lane

NPVAdvisor :

(Sorry for all of the data, just wanted to be sure you had all the facts) ... Again, will be glad to go back through or answer any questions in the Q&A mode

Expert:  Lane replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Lane replied 1 year ago.
Hi Palaniyappan,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Lane

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