March 2010 CR1 filers

[caliguy77 1]

look an itin is used for people that are primarily illegal and can not get social security numbers. if you read the form it says if you do not plan to get a social security number than you can get an itin. but an itin is a way for the IRS to keep track of people. they are usually illegal that will not get a social security number so if your wife is coming here than you wait for the social security number and not the itin. it just confuses things if you get both. i had that problem with someone this year with their tax return. they had both and it was filed under the itin and it caused all kinds of problems and weeks for the IRS to straighten out. this is from the IRS website...

What is an ITIN?

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. It is a nine-digit number that always begins with the number 9 and has a range of 70-88 in the fourth and fifth digit, example 9XX-70-XXXX.

IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

Individuals must have a filing requirement and file a valid federal income tax return to receive an ITIN, unless they meet an exception.

Based on the def on ITIN, I am ok then to file for taxes while my spouse is not here.

[LotofPatience 65]

please do not give out bad information. first off you apply for an itin if you never plan on getting a social security number. you should go for the social security number if you are married. my wife has her social security number since before we were married. an itin is for people that are really illegal and want to file taxes. remember you file your taxes based on what you are as of december 31st. but if the wife doesn't ahve a social security number and gets one the next year then you can go back and amend the return but if she doesn't live there for the last 6 months of the year then you can do head of household if you have a child or a parent.

Rich and Bey, I am sorry to negate you in this situation!

I handle all complex tax returns myself for the last 11+ years. I married my wife in Nov 2007 and filed her I-130 in Dec 2007. She was in India at that time. When I wanted to file our 2007 tax returns in Feb 2008, I completed the form W-7 for her ITIN alongwith the tax return and filed Married Filing Jointly. For this purpose, I personally visited the IRS office to submit the documents and double verified it. As per IRS, "If you are married as of Dec 31st, you can file MFJ with your wife by processing her ITIN". Your statement for the wife to be at least 6 months in the U.S is contradictory to the IRS rules. If you are married in the last second of that year, you are eligible for MFJ.

Your quote - "An itin is for people that are really illegal and want to file taxes" .

My response - Your this statement is really wrong and never announce it to the people who knows taxation. Spouses of H1B visa holders get H4 visa and they are not eligible for SSN. Is H4 an illegal visa? Don't they file taxes using ITIN?

So Rich and Bey, before making the statement, please verify the facts for the second time as well! Again I am sorry if you feel wrong. I will believe you if you can provide me the IRS links that prove any of my statements are wrong.

Regards

Loto

[caliguy77 1]

Rich and Bey, I am sorry to negate you in this situation!

I handle all complex tax returns myself for the last 11+ years. I married my wife in Nov 2007 and filed her I-130 in Dec 2007. She was in India at that time. When I wanted to file our 2007 tax returns in Feb 2008, I completed the form W-7 for her ITIN alongwith the tax return and filed Married Filing Jointly. For this purpose, I personally visited the IRS office to submit the documents and double verified it. As per IRS, "If you are married as of Dec 31st, you can file MFJ with your wife by processing her ITIN". Your statement for the wife to be at least 6 months in the U.S is contradictory to the IRS rules. If you are married in the last second of that year, you are eligible for MFJ.

Your quote - "An itin is for people that are really illegal and want to file taxes" .

My response - Your this statement is really wrong and never announce it to the people who knows taxation. Spouses of H1B visa holders get H4 visa and they are not eligible for SSN. Is H4 an illegal visa? Don't they file taxes using ITIN?

So Rich and Bey, before making the statement, please verify the facts for the second time as well! Again I am sorry if you feel wrong. I will believe you if you can provide me the IRS links that prove any of my statements are wrong.

Regards

Loto

I did the exact same thing ! I got worried for a bit reading Rich and Bey's post. Thanks for the clarification.

[Rich and Bey 1]

I did the exact same thing ! I got worried for a bit reading Rich and Bey's post. Thanks for the clarification.

i never said you can't do an itin with your tax return if you read what i said. you can do an itin and file that way but if she is eligible for a social security number they would like you to get a social security number and not use an itin and i said primarily majority are illegals that get itins. yes there are a few exceptions based on certain visas but primarily itins are issues to people that work out wherever that use fraudulant social security numbers and make money and want to file tax returns. yes i have done many itins where they go to the IRS and yes it is what you are as of december 31st and that is what i said. to file head of household i said that you must have a dependent and be a part from your wife and not living together for the last 6 months of the year. this is what i said. you filed mfj as of the last day of the year but if she doesn't have a social then when you get one you can go back and amend the tax returns or get an itin if this is what you want but like i said it was easy for my wife to get a social right away. it took two weeks tog et one.

[Rich and Bey 1]

How do I know if I need an ITIN?

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

if you read an alien individual can not have a itin and a social security number and that is what i was saying. if they can get a soicial then they shouldn't get an itin. i had this problem this year with a client.

[Rich and Bey 1]

How do I know if I need an ITIN?

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

if you read an alien individual can not have a itin and a social security number and that is what i was saying. if they can get a soicial then they shouldn't get an itin. i had this problem this year with a client.

yes and i do understand itins are used for certain visas and foreign nationals and also they are used by people that are illegal in this country also that want to file taxes also.if you read i didn't say all people were illegals getting itins.

[kruz_patz 22]

You maybe an accountant but I am sorry, you are absolutely wrong! Please check your info again... And please do not stump someone the way you did.

My $0.02

I agree........ITIN is not for illegal people......(it may be), but over all it's for people who came to USA and need SSN but can't get one, there are several reasons one can't get SSN ... other than being illegal.

CALL IRS AND ASK ABOUT IT......

[kruz_patz 22]

Rich and Bey, I am sorry to negate you in this situation!

Your quote - "An itin is for people that are really illegal and want to file taxes" .

My response - Your this statement is really wrong and never announce it to the people who knows taxation. Spouses of H1B visa holders get H4 visa and they are not eligible for SSN. Is H4 an illegal visa? Don't they file taxes using ITIN?

Regards

Loto

THAT IS WHAT EXACLTY I AM TRYING TO SAY..........why would an illegal alien will pay taxes, while he/she won't get a job on pay roll, very first thing !!......so no need for ITIN or Social Security ..... to pay taxes...for illegals...as they never intend to pay them.

Edited August 4, 2010 by kruz_patz

[LotofPatience 65]

How do I know if I need an ITIN?

If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN.

If you have an application for a SSN pending, do not file Form W-7. Complete Form W-7 only if the Social Security Administration (SSA) notifies you that a SSN cannot be issued.

To obtain a SSN, see Form SS-5, Application for a Social Security Card. To get Form SS-5 or to find out if you are eligible to obtain a SSN, go to Social Security Administration Website or contact a SSA office. By law, an alien individual cannot have both an ITIN and a SSN.

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA205c," "applied for," "NRA," blanks, etc.

if you read an alien individual can not have a itin and a social security number and that is what i was saying. if they can get a soicial then they shouldn't get an itin. i had this problem this year with a client.

Rich and Bey,

This is why I suggested Anthony to go for ITIN and amend the return for the last year, since his wife is not eligible for SSN at this point of time. His wife will get SSN as part of the GC approval some time at the end of this year. Still, what I don't understand is your statement - "Please never give bad info" in your original post. Now do you think that based on all the information you collected, was that a bad info?

Regards

Loto

[Rich and Bey 1]

i can't explain why they want to pay taxes because a lot of them have kids and get and work under other social security numbers. they must think this will help them get into this country. i didn't mena they are all illegals but a lot of them do it. i know different visas do it also. i am sorry if i gave the wrong impression but a lot i do w-7's all the time and they hand me w-2's that have fraudulant social security numbers then hand me an itin. they are illegal here.

[Rich and Bey 1]

oh i didn't see where you said that to anthony. i must have missed it. sorry. but if he gets an itin and she will eventually get a social security number then she is eligble for one and it says they don't want an itin an social security number?

[Rich and Bey 1]

so wouldn't anthony be better off waiting for her to come her and get the social security number then going back to amend the tax return.

[LotofPatience 65]

oh i didn't see where you said that to anthony. i must have missed it. sorry. but if he gets an itin and she will eventually get a social security number then she is eligble for one and it says they don't want an itin an social security number?

Alright, now everything is clear. That was not a wrong info from my side. I have to make myself very clear that I don't provide any wrong info.

If I am not sure about anything, I'll add a small note such as - "this is my opinion, please check all other expert opinion as well"

Loto

[LotofPatience 65]

so wouldn't anthony be better off waiting for her to come her and get the social security number then going back to amend the tax return.

It depends on him. He can right now get ITIN and amend the return, but he doesn't make things complicated since already another immigration complication is going on :-)

In my case, I got ITIN for my wife and filed together (MFJ) even if she was not physically present in the U.S. Then when she got the SSN, we started using it for all subsequent returns.

Loto

[Rich and Bey 1]

were there any other approvals today?