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    Filing status ?

    Ok I need all of you filing staus experts to please help. I have a client who just married in 2006. The client is US born resident and he married a Thai citizen here in the great state of Washington. They have a legal US marriage certificate. She is now applying for US Residence but has no social security number or TIN.

    I think I would file MFJ and put "Applied for " under the wifes social security number. All else being equal they would qualify for MFJ.

    Am I missing anything ?
    Do I have to include a certificate of marriage, with the return?

    Anything else you can think of.

    Thanks again!, I have so few of these cases I am not sure where to look for the answer.

    #2
    Wait while

    Wait for immigration to act on this. If you can't file return with IRS in Phila an request an ITIN for the wife. Later file amended return when she gets SSN. This takes some time as Immigration is quite slow on these matters. See PUBL 17 for ITIN instructions.

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      #3
      Having spent a moment to do some searching . it sounds like I do what I had already mentioned and file form w-7 with the return and mail to PA IRS address and all should go through.

      Does this sound right to you all? If I file MFS the client will owe 600 bucks and I don't want to have to ammend later.

      Comment


        #4
        Originally posted by sea-tax View Post
        Having spent a moment to do some searching . it sounds like I do what I had already mentioned and file form w-7 with the return and mail to PA IRS address and all should go through.

        Does this sound right to you all? If I file MFS the client will owe 600 bucks and I don't want to have to ammend later.

        Unless there is an ITIN Accepttance Agent you can have certify the docs for the W-7 and then it gets mailed to Austin I believe. Otherwise attach the W-7 to the return and send to PA. Don't forget all the original documents that the wife also has to include with the W-7.

        Documents with W-7 for ITIN --
        • The IRS accepts, and encourages Acceptance Agents and Tax Professionals to use, certified or notarized copies of documents with the Form W-7.
        • Documents must be: certified copy by the issuing agency, or certified/notarized copy by:
        o 1) a State Department employee (U.S. notaries at Embassies and Consulates
        worldwide),
        o 2) a U.S. Military Judge Advocate General Officer,
        o 3) foreign notaries authorized under the Hague Convention, or
        o 4) a U.S. notary public.
        [For number 3, an Apostille must accompany the supporting documentation. The
        U.S. Department of State web site has further information on the Hague Convention
        and participating countries.]
        • The supporting documentation must be consistent with the applicant's information provided on Form W-7. For example, the name, date of birth, and country of citizenship must be the same as on lines 1a, 4, and 6a of the Form W-7.
        "A man that holds a cat by the tail learns something he can learn no other way." - Mark Twain

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          #5
          Thanks Taxmandan ! Does Anybody else have any advice or suggestions for me? All help is much appreciated.

          Comment


            #6
            You have until next October to file the return. Wait until you get a SSN or TIN before you file. Certainly by then you will have some kind of a number for the wife.

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              #7
              Seatax

              I recommend you finding Certifing Acceptance Agent in your area. A regular Acceptance
              Agent still needs to have original documents certified. A Certifing Acceptance Agent can just look over the documents and verify on his/her letter that documents were original. Usally this service runs about $60.00 per individual per W-7. The return (seperate charge) needs to be prepared and where spouse or dependents are listed under SS number its left blank. The Certifing Acceptance Agent knows all the rules involved and its your best bet. It also provides a guarantee where if the number is not received by the Certifing Acceptance Agent he/she can call and investigate and in 98% of the time the number is given over the phone. Yes they
              are sent to Austin, Tx.
              Wish I could help you out but I am in Arizona. I am Certifing Acceptance Agent. If you have further questions e-mail me at Guzmans1@cox.net

              Comment


                #8
                Originally posted by Kong View Post
                I recommend you finding Certifing Acceptance Agent in your area. A regular Acceptance
                Agent still needs to have original documents certified. A Certifing Acceptance Agent can just look over the documents and verify on his/her letter that documents were original. Usally this service runs about $60.00 per individual per W-7. The return (seperate charge) needs to be prepared and where spouse or dependents are listed under SS number its left blank. The Certifing Acceptance Agent knows all the rules involved and its your best bet. It also provides a guarantee where if the number is not received by the Certifing Acceptance Agent he/she can call and investigate and in 98% of the time the number is given over the phone. Yes they
                are sent to Austin, Tx.
                Wish I could help you out but I am in Arizona. I am Certifing Acceptance Agent. If you have further questions e-mail me at Guzmans1@cox.net
                Thanks for the advice.

                Now Kong do you know of a certifing acceptance agent in the state of washington or how I can find one?

                Also If I understand you correctly I first prepare the return and the w-7 then I have the client go to the certifing acceptance agent. Who will certify the docs and then the client can mail in the return and w-7 . Is that correct?
                Also I read the w-7 instructions and it gives a Philadephia PA address to mail everything to. is that Correct?

                Comment


                  #9
                  Here are some agents for washington

                  per the IRS website.

                  Comment


                    #10
                    Originally posted by veritas View Post
                    Thanks Veritas I will have to make some calls come monday.

                    Comment


                      #11
                      One More Question. If my client uses a copy of a passport to verify her identity It says it has to be certified or notarized copy. I have a notary that works for me. If she notarizes the copy of the passport and I attach the completed w-7 to the completed return and mail the whole package to the address in the instructions on the w-7 will this be sufficient to accomplish the job. Thanks again to all for your input.

                      Comment


                        #12
                        sea-tax

                        Thanks for the advice.

                        Now Kong do you know of a certifing acceptance agent in the state of washington or how I can find one?

                        Also If I understand you correctly I first prepare the return and the w-7 then I have the client go to the certifing acceptance agent. Who will certify the docs and then the client can mail in the return and w-7 . Is that correct?
                        Also I read the w-7 instructions and it gives a Philadephia PA address to mail everything to. is that Correct?

                        Yes you prepare return only, Certifing Acceptance Agent prepares W-7 and prepares cover letter that has to be attached, but thats he/her job. Certifing Acceptance Agent has different address of where to sumit documents. Client only sumits paper work if acceptance agent asks them to. I sumit for my clients, its all included in the fee.

                        Comment


                          #13
                          Thanks again Kong

                          Comment


                            #14
                            Is the spouse a resident or non-resident? If she is a non-resident you have some choices to make. Check Pub 519 page 10

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