ITIN#? Amending Taxes Filed as Single, Process?

[pushbrk 12,897]

Ok, but my accountants are saying that they cant just do that otherwise anyone could just say ok hey I have some dependants, and put anyones name on the returns.

What if I am trying to amend the original that I filed as single?

Wait to amend the return until your spouse is here and has an SSN. If you insist on doing it sooner, the instructions for applying for an ITIN are part of the W7. You'll need your wife's actual passport to accomplish this at an IRS office. That's why most people follow the advice in my first sentence above.

[I & B 273]

My wife and I are still waiting for her SSN and, since it doesn't seem likely it will get here by the 15th, we are planning to just file for an extension. When filing for an extension, you can write in "ITIN to be requested" for the alien's SSN. In most cases, extensions for six months are automatically granted. It seems easier to me than filing as MFS and later amending, but I suppose everyone's mileage may vary.

[ShirahBet 42]

Before my first time filing, I called the IRS and had to ask around before I got a specialist in international filers... a regular IRS person won't be too familiar with what to do. You can file separately without an ITIN and without sending in a marriage certificate. I self-prepared last year and anything that was incorrect, the IRS corrected and then notified me... no problems there. I was only annoyed that I can't get the deduction for student loan interest as MFS, but I can amend the taxes after my husband gets here and gets his SS card.

[ermacdude999 0]

Wait to amend the return until your spouse is here and has an SSN. If you insist on doing it sooner, the instructions for applying for an ITIN are part of the W7. You'll need your wife's actual passport to accomplish this at an IRS office. That's why most people follow the advice in my first sentence above.

I will amend it immediately from single to married filing separately, as I won't need to get an ITIN or anything. Just write NRA. Should be good right?

My wife and I are still waiting for her SSN and, since it doesn't seem likely it will get here by the 15th, we are planning to just file for an extension. When filing for an extension, you can write in "ITIN to be requested" for the alien's SSN. In most cases, extensions for six months are automatically granted. It seems easier to me than filing as MFS and later amending, but I suppose everyone's mileage may vary.

I see, I am going to file married filing separately.

Before my first time filing, I called the IRS and had to ask around before I got a specialist in international filers... a regular IRS person won't be too familiar with what to do. You can file separately without an ITIN and without sending in a marriage certificate. I self-prepared last year and anything that was incorrect, the IRS corrected and then notified me... no problems there. I was only annoyed that I can't get the deduction for student loan interest as MFS, but I can amend the taxes after my husband gets here and gets his SS card.

Awesome, I don't mind not saving money. I just want her here with the path of least resistance. Married Filing Separately sounds like that path right?

[magdasal 19]

I was also in a similar situation and did my research, talked to tax professionals and this is what I ended up doing:

I did paper filing of my federal tax, filed as Married filing separate and wrote NRA where it asked for my wife's SSN/ITIN.

I wrote her name where it was asked and send the return along with a copy of my W2. I was still able to efile my state tax.

I ended up paying more tax using this option, however, once my wife arrives to US and gets her SSN, I can amend my tax return and file as Married Filing jointly which will provide a nice tax return.

You can still do a w7 if you can provide the required documents and a signed statement from your wife. However, if you have to use it for tax purposes (filing as married/jointly), you still need to have her signature on the tax return. I would say your best option is to do MFS, with NRA , paper filing.

I am not sure what is the goal of the IRS walkin that you are planning, but you will need to take in a photo id and w2 for 2013.

Exactly what I did. No trouble at a all filing the amended return after she got here. You can do that as soon as she gets here SSN. Painless...plus the nice little refund check feels kinda nice.

[ermacdude999 0]

awesome! I knew my accountants were wrong. I am still going to the IRS in the morning to double check.. By the sounds of it, it doesnt seem like I need to, but I want proof for my accountants.

[tbellkzoo 23]

Ok....Question!!! I filed as single, 2013, now needing to amend and file Married filing Separate (as i hear that it is the only option available) I have 2 children from a previous relationship and I receive tax breaks for them and for college tuition. What do I need to do?

[CarlosAndSveta 808]

Ok....Question!!! I filed as single, 2013, now needing to amend and file Married filing Separate (as i hear that it is the only option available) I have 2 children from a previous relationship and I receive tax breaks for them and for college tuition. What do I need to do?

It appears that you may qualify for Head of Household status. The following excerpts are from pages 22 and 23 of IRS Publication 17 – Your Federal Income Tax:

Head of Household

You may be able to file as head of household if

you meet all the following requirements.

1. You are unmarried or “considered unmarried”

on the last day of the year. See Marital

Status, earlier, and Considered Unmarried,

later.

2. You paid more than half the cost of keeping

up a home for the year.

3. A qualifying person lived with you in the

home for more than half the year (except

for temporary absences, such as school).

However, if the qualifying person is your

dependent parent, he or she does not

have to live with you. See Special rule for

parent, later, under Qualifying Person.

Considered Unmarried

To qualify for head of household status, you

must be either unmarried or considered unmarried

on the last day of the year. You are considered

unmarried on the last day of the tax year if

you meet all the following tests.

1. You file a separate return (defined earlier

under Joint Return After Separate Returns).

2. You paid more than half the cost of keeping

up your home for the tax year.

3. Your spouse did not live in your home during

the last 6 months of the tax year. Your

spouse is considered to live in your home

even if he or she is temporarily absent due

to special circumstances. See Temporary

absences, under Qualifying Person, later.

4. Your home was the main home of your

child, stepchild, or foster child for more

than half the year. (See Home of qualifying

person, under Qualifying Person, later, for

rules applying to a child's birth, death, or

temporary absence during the year.)

5. You must be able to claim an exemption

for the child. However, you meet this test if

you cannot claim the exemption only because

the noncustodial parent can claim

the child using the rules described in Children

of divorced or separated parents (or

parents who live apart) under Qualifying

Child in chapter 3, or in Support Test for

Children of Divorced or Separated Parents

(or Parents Who Live Apart) under Qualifying

Relative in chapter 3. The general

rules for claiming an exemption for a dependent

are explained under Exemptions

for Dependents in chapter 3.

Nonresident alien spouse. You are considered

unmarried for head of household purposes

if your spouse was a nonresident alien at any

time during the year and you do not choose to

treat your nonresident spouse as a resident

alien. However, your spouse is not a qualifying

person for head of household purposes. You

must have another qualifying person and meet

the other tests to be eligible to file as a head of

household.

[Cathymac 60]

I've just contacted our attorney who specialises in immigration and tax and she doesn't see filing as single as a problem.

[CarlosAndSveta 808]

I've just contacted our attorney who specialises in immigration and tax and she doesn't see filing as single as a problem.

Maybe your attorney should only specialize in immigration.

[Cathymac 60]

Well she's been doing it a good many years now so my bet is she knows as much, if not more than people on here.

[Cathymac 60]

Plus, people have called NVC about it and been told it is not a problem.

[CarlosAndSveta 808]

Plus, people have called NVC about it and been told it is not a problem.

There is a difference between what you can get away with and what is right. When it comes to the Internal Revenue Code it is pretty clear that when you are married, single is not a correct filing status.

[Jenny_USCIS 27]

To be honest, I don't see filing as single is a problem for NVC, they are not as picky as IRS... They only want to see if your income is over poverty and your spouse and you won't need government low-income benefit.

but overall, I still amended my return. I'm pretty sure there are tons of people filed as single for the year they got married. most of us are not expert in accounting, this is why there is a 1040x option...

Like i told some, my brother filed as single, the NVC did not even ask any questions with the filing status. they only looked at the income. Plus he did not even have transcript. He only mailed them the tax return.

It's still nice to amend your return if you would like to. just attached all paper works for amended and original and send to NVC, amending return is totally understandable. You already have prove that you are married with your marriage certificate and other paper works.. it's not like there is benefit filing as single and lie about marriage. we just made a little mistake on the return...But this is my opinion though..

Good luck everyone!

Edited April 9, 2014 by jj1988

[Jenny_USCIS 27]

Ok....Question!!! I filed as single, 2013, now needing to amend and file Married filing Separate (as i hear that it is the only option available) I have 2 children from a previous relationship and I receive tax breaks for them and for college tuition. What do I need to do?

Head of household is your filing status. you are under the special rule =)