Need to file W-7 for dependent daughter (for ITIN)

[dazealex2]

Hi guys,

Though my taxes were done by Deloitte, they failed to mention that I needed an ITIN for my daughter (almost 7 years old). So my US Federal return has disallowed this dependent credit. Now I need to file a W-7, but I'm not sure which option to select on this form. I have an H1-b visa, and depends are H4s.

If I look at my US Fed taxes, there is a page that says:

"Election to File A Join Return for the Year in Which the Nonresident Alien becomes a a U.S. Resident."

Question 1:

That to me suggests that option "d - Dependent of a US Citizen/resident alien" is the correct choice rather than option "g - Dependent/spouse of a nonresident alien holding a US visa". I think d is right because I'm a resident alien (with an H1B). Though g is close. I'm totally confused now.

Question 2:

Other than bringing along my daughter and her Canadian passport to an IRS Centre, is there anything else I need?

Please chime in, you guys have been the one source of information I keep having to rely on.

[nelsona]

I would use "g", since she has entered US on H4 (based on your H1).


I would bring, your return, the IRS denial letter, your passport and I-94, her passport an I-94.

[dazealex2]

Does she need to accompany me to the IRS office?

On the W-7, line 6c. Also, I'm not sure where the "visa" number is located for the H-4 visa. I see a stamp, visa type, and a handwritten expiry date.

[nelsona]

She would have been issued an I-94, like you. It might be electronic.
You can go online to print a copy of the I-94.

But specifically for the W-7, I would write NA. she's is cdn so has no visa, just like you have no visa.

No need to bring her. I guess I would have her birth cert with you, just in case.

[dazealex2]

I went to the South Market IRS office in San Jose, and was told that I needed to:

a. Fill out 1040X because they removed the dependent from my file
b. Form W-7 (had this already)
c. Have my child (dependent) present with me

So basically, all this effort, time and parking costs for nothing. :(

Makes me wonder if they just made it all up to make me go away. :(

Posting this here so it might help someone or if nelsona had any comments or seen this before. I am never going to this IRS location ever again, I'll drive 40 minutes each way to a nicer location outside of the valley.

[nelsona]

Yes, I should have caught need for 1040X. Having daughter present is ridiculous. What if she were living abroad (after getting h4)?

[dazealex2]

So now I am trying to get through to the IRS line to tell them that I disagree with their assessment, and intend to file 1040X and a W-7 for my kid.

So this brings me to form 1040X. I generally like to understand things, but wanted to confirm that I did 1040X correctly. As far as I understand, I selected "Married filing jointly" because that is how the how the original return was done. That's pretty clear.

Page 1: Under "Income and Deductions", line 4, I put $11,850, 0, and $11,850.

Page 2: Part I - Exemptions:
- Line 24: Yourself and spouse. [...]: 2, 0, 2
- Line 25: Your dependent children who lived with you: 1, 0, 1
- Line 28: Total number of exemptions. Add lines 24 thorough 27: 3, 0, 3
- Line 29: Multiply the number of exemptions claimed on line 28 [...]: $11,850, 0, $11,850
- Line 30: (a) NAME OF CHILD, (b) APPLIED FOR (W-7), (c) DAUGHTER, (d) [X]

Part 3: Explanation of changes:
- Dependent daughter did not have an ITIN number on the original tax return. Therefore, filing 1040X with a W-7 to obtain an ITIN for daughter to claim the dependent credit/exemption.

Am I missing anything, guys? Also, if this is too much to ask for on the forum, I would understand.

Thanks so much. I know who I am using for 2015's tax return though. ;)