jamm13dodger

We recently moved to TX on an E2 visa and my application for SSn was completed yesterday. My wife doesn't intend to work and the kids dont need an SSN to get enrolled but I wonder if we will need them to have one to be able to file a joint tax return for next year?

Do I need that or will my SSN be enough?

Thanks, Rob.

Guindalf

I'm not a tax expert, but if the kids aren't working (or of working age), I don't think they need their own SSN for tax purposes.

Having said that, there is no reason not to apply for their own SSNs. It may help them with getting established with a credit history later on if you stay here.

newadventure

Again, no expert here but when we filed our joint tax return we had to get ITINs for the kids in order to claim the tax exemption. Not all tax offices are able to provide these - we had to travel out of state to Charlotte, NC with the kids in order to apply. My wife had a SSN so can't help you on that

sir_eccles

If one is otherwise eligible for a SSN you will not be able to get an ITIN and must get a SSN (I don't know what an E2 entitles you to). I believe one or the other will be needed to claim the deductions for the kids and any other dependents.

Jscl

Everybody on your tax return (who lives in the US) must have an SSN (if they are eligible for it) or an ITIN (if they are not). Like Sir_Eccles said above, if someone is qualified for an SSN they cannot get an ITIN, and that will cause problems at tax time, so get their SSNs now!

IRJ

Yup best to get a SSN for all family members.

JAJ

Not possible "for all family members" while on an E2 visa. The spouse may get an SSN (and should do so), however the children are not entitled to Social Security Numbers. If they want to claim exemptions, etc for the children, the children need to apply for and obtain Individual Taxpayer Identification Numbers (ITIN) from the IRS.

MsElui

and i have had to put kids ssns (or itins) on school forms already. not sure if they would throw a fit if i said i didnt have one for them - but the box is there.

sir_eccles

Heard on the radio today that it is federal law that schools cannot require ssns and if they do it must be clear that providing then is optional. All about not denying schooling to undocumented immigrants.

http://thinkprogress.org/immigration...-undocumented/

jamm13dodger

Thanks for the replies everyone.

Kids are enrolled in school now and no SSN was needed. We left it for my wife as they were a bit iffy about providing it if my wife wasn't going to work. The process was so easy for me however that I think we will just make an appointment and go one morning.

JAJ

Who's "they". Your wife is entitled to an SSN and should obtain one. It will be needed for tax purposes. She can apply for an Employment Authorization Document, and should do so - just in case a work opportunity shows up at short notice.

Children will need ITIN in due course. Look on the IRS site regarding the W-7 application process. You will probably have to apply in person at a participating IRS office, and lodge your 2014 tax returns at the same time.

Some schools use SSN as a convenient identifier. If a child does not have a SSN or ITIN, then a school may use a notional SSN instead. For example, a real SSN can never begin with 9 so for example, something in the range 900-00-xxxx could be used instead of the SSN.

Catmo

I just applied for my ITIN along with our joint 2013 tax return.

I filled out form W7 and took it and the paper tax return to an IRS office (you can look online to see which ones you can go to). They checked my passport and visa and basically certified that they were sending an approved copy with the form.

The other options are to post your form and original documents to the IRS who may keep them for up to 8 weeks ( absolutely NOT an option!) or you can go somewhere like H&R Block who will complete the return and fill out the paperwork and check the passports for you for a fee.

You have to apply with a tax return, which is ridiculous as everyone has to file their W7 in the filing period between January and April. We got an extension on our return as our accountant was extremely slow, and I applied for the ITIN last week when the IRS office was empty. It should take 6 weeks to get the number, and then a further few weeks for our return to be processed and us to receive the refund.

jamm13dodger

The SS office. The guidelines on completing the forms state "5. If you check “Legal Alien Not Allowed to Work” or “Other,” you must provide a document from a
U.S. Federal, State, or local government agency that explains why you need a Social Security number
and that you meet all the requirements for the government benefit. NOTE: Most agencies do not require
that you have a Social Security number. Contact us to see if your reason qualifies for a Social Security
number."

now until my wife has an EAD I assume she must be considered a Legal Alien not allowed to work? I guess we will see if driving license and tax return are considered good enough reason when we apply.