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Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Old Feb 21st 2021, 9:42 pm
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Default Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Hi,

Can my other half whilst on an O3 dependent VISA apply for an ITIN so that we could file a joint tax return? Obviously, holders of an O3 are not permitted to work.

Thanks
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Old Feb 21st 2021, 9:44 pm
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Default Re: Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Yes, we did that for myself and our sons.
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Old Feb 21st 2021, 10:48 pm
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Default Re: Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Originally Posted by lizzyq View Post
Yes, we did that for myself and our sons.
Perfect, just wanted to hear from someone who had actually done this.

Thank you,
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Old Feb 22nd 2021, 12:15 am
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Default Re: Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Originally Posted by Mic1 View Post
Perfect, just wanted to hear from someone who had actually done this.

Thank you,
If I recall correctly the application for the ITIN was done at the same time as and submitted with the first tax return as non-resident aliens - i.e. not permanent residents, but meeting the tax residency requirement to file a tax return.
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Old Feb 22nd 2021, 1:53 am
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Default Re: Can an O3 VISA holder obtain an ITIN in order to a file joint tax return?

Originally Posted by lizzyq View Post
If I recall correctly the application for the ITIN was done at the same time as and submitted with the first tax return as non-resident aliens - i.e. not permanent residents, but meeting the tax residency requirement to file a tax return.
If you are on a visa and meet the residency requirements, for tax you are a resident alien:

“If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence testfor the calendar year (January 1-December 31).”

https://www.irs.gov/individuals/inte...ien-tax-status

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