ITIN number request - but something doesn't make sense?

Question

My husband's status is "pending". I am the breadwinner of the household, so he owes no taxes, because he is unemployed. I would like to file for an ITIN number for him - for the sole purpose of being able to claim him as a dependent on my tax forms.

But...how do I do this?? Don't I need a number (SS, ITIN,) to 'claim' him? How do I do that if I am completing my taxes at the same time that I file my taxes? And were oon the 1040 would I do that, exactly??

Thanks Yahoo Answers!! You always rock!

I am sorry - at the same time I file the ITIN form - the W-7?

Answer 1

I don't think you will want to "claim" him as a dependent on your tax form. When I lived in the US with my British husband, we always filed jointly and I didn't claim anyone, because I didn't want to have to pay the IRS at a later date for any taxes that were being withheld earlier in the year. Additionally, I was always told by Immigration that if you file jointly (with his status on the forms as a legal resident alien) this will help when it comes time to apply for permanent residency. You will need to get him an SS or ITIN number to file with him though. Just curious, why is his status pending? This seems unusual as my husband was granted a SS number almost immediately after coming to the US on his fiance visa. It might be worth inquiring about his "pending" status.

Here is the IRS link for obtaining an ITIN number. According to the site, it doesn't matter what his immigration status is, he should be able to obtain one: http://www.irs.gov/individuals/article/0,,id=96287,00.html#what

Hope this helps : )

Answer 2

Is he eligible for an SSN? If yes, you should wait for that to be issued.

If he isn't eligible for an SSN, you complete the W-7 form and attach it to your paper return when you file your married filing joint return (by the way, a spouse is a spouse, not a dependent.) You then mail both items to the ITIN unit in Austin for processing.

By the way, how long have you been married? How long has he been in the US? How have you filed in the past? You may need to amend some returns.

Wayne, actually they want the SSN field left blank on the 1040. "Applied for" is for 1040ES and the extension forms only.

Answer 3

Write "Applied" in the box for his SSN on the 1040.

You mail the W7 along with your completed return to the address in the instructions for the W7 (Austin, TX ????) along with the required proof of identity.

Don't lose sleep waiting for the refund as it is going to take a while but you will get.