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June 4, 2019
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How can I get the ITIN number for my husband? What are the steps that I should follow to file the tax return for 2016? Thank you in advance for any assistance.

  • June 4, 2019
  • 1 reply
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I arrived in the US on Feb 2016 (H1B visa) with my husband (H4 visa). He doesn't have the ITIN number (and under H4 he cannot have a SSN). My questions are: 1) Am I consider a resident or non-resident? 2) How can I get the ITIN number for my husband? What are the steps that I should follow to file the tax return for 2016? Should I ask for an extension? if so, how? Thank you in advance for any assistance.

Best answer by PopeyeTheSalior

Hello !

Based on your information, both of you are considered as dual status aliens.  You are considered as a nonresident in January and a resident from February to December, 2017. 

Without your spouse's ITIN, you cannot e-file your tax return with TurboTax.  However, you can still use TurboTax program to prepare your tax forms and submit them by mail.  Please follow these steps:

-In the program, as you enter the information, leave the SSN space blank

-After entering all your information, print out returns and required forms ( write APPLIED in the SSN space) 

-As TurboTax does not support the Form W-7, fill out the forms by following

 https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required  documentation

-Submit everything including your tax forms to IRS Austin location in Texas.  ( Form W-7 instructions)

-Per IRS, if you were a U.S. resident on the last day of the tax year, file Form 1040. Enter “Dual-Status Return”                across the top and attach a statement showing your income for the part of the year you were a nonresident. You can use    Form 1040NR as the statement; enter “Dual-Status Statement” across the top. Do not sign Form 1040-NR.

You do not need to file an extension as long as  you can mail out all your all tax forms and required documents by April 18, 2017.  You are basically filing your joint return and applying for his ITIN at the same time.  


I hope you will find the information helpful ! 

[Edited 4/8/2017]

 

1 reply

PopeyeTheSalior
Employee
June 4, 2019

Hello !

Based on your information, both of you are considered as dual status aliens.  You are considered as a nonresident in January and a resident from February to December, 2017. 

Without your spouse's ITIN, you cannot e-file your tax return with TurboTax.  However, you can still use TurboTax program to prepare your tax forms and submit them by mail.  Please follow these steps:

-In the program, as you enter the information, leave the SSN space blank

-After entering all your information, print out returns and required forms ( write APPLIED in the SSN space) 

-As TurboTax does not support the Form W-7, fill out the forms by following

 https://www.irs.gov/Individuals/General-ITIN-Information and attach to other required  documentation

-Submit everything including your tax forms to IRS Austin location in Texas.  ( Form W-7 instructions)

-Per IRS, if you were a U.S. resident on the last day of the tax year, file Form 1040. Enter “Dual-Status Return”                across the top and attach a statement showing your income for the part of the year you were a nonresident. You can use    Form 1040NR as the statement; enter “Dual-Status Statement” across the top. Do not sign Form 1040-NR.

You do not need to file an extension as long as  you can mail out all your all tax forms and required documents by April 18, 2017.  You are basically filing your joint return and applying for his ITIN at the same time.  


I hope you will find the information helpful ! 

[Edited 4/8/2017]

 

Employee
June 4, 2019
actually, they are dual status aliens