TOPIC: NC state Tax filing - Applying for ITIN number ?

Hello,

I am a resident of NC and have been working here on H1b visa for several years. I got married last year (2010) and my wife is on H-4 visa.

I understand that I have to apply for an ITIN number along with Federal tax return. This will take about 2 months.

So the question is How do I go about filing NC State tax return?


Even to file for an extension they seem to be asking spouse's SSN.

Thx

Personally, I think you can file for an extension without your wife's SSN - as if filing Individually.

Then later on, you can file as "Jointly" as & when you get your wife's ITIN and claim the deductions.

I know, Manoj is a SME & sure will provide his guidance in the morning.

If I file for NC state tax extension as "single", then I'll be owing tax to NC State. And in that case, one has to pay at least 90% of the money owned to avoid interest and penalty.

Anyone here who filed for ITIN for spouse on H4 shed some light on specifics. Thanks.

sanjus wrote:

I know, Manoj is a SME & sure will provide his guidance in the morning.

LOL ... But, I have no experience with this ITIN number. If this guy has been in USA for several years and been filing at least his Federal Tax return (in case he hasn't been a resident of NC for long), he must have known the pain of paying more in taxes all these years while enjoying the fact that he is single. So, he should have tried getting a SSN or TIN for his DW earlier.


gcretro,
Right now, I guess, you can just file as an individual - no need to even ask for extension and then file an amendment later. Yes, it will cost you more now, but you will get that money back later so you can buy your DW a diamond necklace.

This is where lies your SME - on taxation, not the ITIN, that I meant

Anyways, there's not much choice left with the OP - with less than 1 week to go and knowing that he can't get the ITIN for his wife in this 1 week, either he files for an extension, pays-up front & later-on file the return as "Married" status (as I suggested) or just file as an individual and still pay upfront and file for an amendment later with a "Married" status(as u suggested).

Either way, he has to pay upfront and claim a refund later!

Manoj wrote:

Right now, I guess, you can just file as an individual - no need to even ask for extension and then file an amendment later. Yes, it will cost you more now, but you will get that money back later so you can buy your DW a diamond necklace.

Great. itin has to be filed with fed return and it takes 6 to 8 weeks.

So if I file for an extension on the state tax part. Then later once I get ITIN, do I just have to file a "regular" state tax return. (i.e. this will not constitute an amendment since I am not filing now as single)

Hello,

You can apply ITIN and file Fedral together. you have to submit copy of ITIN Form with Fedral Tax Return.

So, Once your ITIN Number will generate, They will send one copy to Fedaral and State Tax Office and Fedral Office will release your tax after that.

I have done the same thing through my CPA in California last year. These way there is no need to apply for Extension or file tax individually.

Thanks,
ACK

I have figured this out in the case of an NC resident. I spoke to NC state tax dept and IRS.

The federal tax & ITIN W-7 form filing instructions are easily found in the IRS website. The missing piece of the puzzle was what to do with NC state tax?

There is no need to file for a state tax extension. Unlike what Manoj, Sanuj have posted above. (Besides these folks seems to be more interested in poking fun rather than getting to specifics).

Anyways, here is the process for benefit of others. (Assumption is primary with the SSN has been a full yr NC resident and spouse is on H4 as homemaker).

1. Prepare your joint Federal return along with filling in W-7 form. CLEAR Instructions for this are found on IRS website if you search ITIN.
[One could use taxact or turbo tax etc put a dummy ssn for your spouse and easily generate the tax return i.e. 1040) Then manually re-enter this without the dummy SSN into a blank 1040 PDF form and write "Applied for ITIN" in the spot for spouse SSN.]

2. NC state tax, again prepare the return on paper as joint return. In the spot for spouse SSN write "Applied for ITIN". Attach copy of Federal return and the W-7 form.

NC state dept said they will process the return as a Joint one as usual. Then they will also mail a self-addressed envelope to you with a form or something. Once you get the ITIN, fill up that form and post it back to them. Done!

Thx