Taxes, Refiling as Married Filing Jointly

[Paulist 0]

My wife and I married in 2012. For that tax year, we filed Married Filing Separately for simplicity because my spouse did not have an ITIN number or social security number. Now we are refiling for that tax year using 1040x as Married Filing Jointly and we will probably get a refund. Also, my spouse earned not much money in her home country in that tax year and spent no time in the US.

My question is what extra IRS forms should we look into as ones ones we might be *required to submit with the 1040x? Ie Form 2555 or 1116? Related but different, what extra forms would it be in our *interest to look into, to lower our taxes? Ie Form 2555 or 1116?

I understand some taxpayers also have the option of being "treated" a certain way.

I plan to read IRS PDF tax guide for aliens, and will try to find a tax expert that knows these special issues, but what are the key points to look into first?

[TBoneTX 45,737]

*** Thread moved from Moving to the US forum to the Tax & Finances forum. ***

[jameshenry 0]

For the amendment of the tax return form 1040X us sufficient. This form is for the purpose of changing only the terms that are incorrect. It is not required to attach copies of the forms and or schedules that do not change. One of the most important thing to keep in mind is that even if you have forgotten to enter your W-2, though it is a big mistake, IRS has already gone through unless there is a bigger fraud on your's side.

[MariaR323 199]

My wife and I married in 2012. For that tax year, we filed Married Filing Separately for simplicity because my spouse did not have an ITIN number or social security number. Now we are refiling for that tax year using 1040x as Married Filing Jointly and we will probably get a refund. Also, my spouse earned not much money in her home country in that tax year and spent no time in the US.

My question is what extra IRS forms should we look into as ones ones we might be *required to submit with the 1040x? Ie Form 2555 or 1116? Related but different, what extra forms would it be in our *interest to look into, to lower our taxes? Ie Form 2555 or 1116?

I understand some taxpayers also have the option of being "treated" a certain way.

I plan to read IRS PDF tax guide for aliens, and will try to find a tax expert that knows these special issues, but what are the key points to look into first?

The Married Filing Separately (MFS) status is the least beneficial so amending to MFJ is the best move you can make. With that said, MFS does not allow certain certains that you may or may not have been eligible for. So not only would you be filing the 1040X but also any other forms or schedules for any other changes in the return. Ex. Education credits are not eligible under MFS but they are under MFJ and so you would also need to file Form 8863.

[derekbrian 0]

In such condition you have to only file 1040X as it deals only with changing the terms which are incorrect. No other forms or schedules you have to attach with it.

[Paulist 0]

Thanks for the answers! By the way, the initial question that references frad seems to be mistaken; that was not relevant as the only issue is that we overpaid.

Edited October 3, 2015 by Paulist

[davidjones123 0]

Answer of Derekbrian is correct. In such case you have to simply fill form 1040X to correct/ change the terms which was earlier wrongly entered by you. No other forms/attachment is required.

[jamessamuel 0]

Filing of 1040X is for the amendment of figure in your earlier filed return. This is only required to be filled by you and nothing attachment is required to be filed with this amendment form.

[Nich-Nick 3,354]

In such condition you have to only file 1040X as it deals only with changing the terms which are incorrect. No other forms or schedules you have to attach with it.

Answer of Derekbrian is correct. In such case you have to simply fill form 1040X to correct/ change the terms which was earlier wrongly entered by you. No other forms/attachment is required.

Filing of 1040X is for the amendment of figure in your earlier filed return. This is only required to be filled by you and nothing attachment is required to be filed with this amendment form.

The IRS says--

Attach copies of any forms or schedules affected by the change

And

Assembling Your Return

Assemble any schedules and forms behind Form 1040X in order of the Attachment Sequence No. shown in the upper right corner of the schedule or form. If you have supporting statements, arrange them in the same order as the schedules or forms they support and attach them last. Do not attach a copy of your original return, correspondence, or other items unless required to do so.

When he files jointly with his wife, her foreign income must be reported. He must file a Form 2555EZ to exclude her Income, even though he said it is small. They will want this additional form because it wasn't included with the first filing. He can also,attach the statement electing a non-resident to be treated as a resident for tax purposes.

[MariaR323 199]

The IRS says--

Attach copies of any forms or schedules affected by the change

And

Assembling Your Return

Assemble any schedules and forms behind Form 1040X in order of the Attachment Sequence No. shown in the upper right corner of the schedule or form. If you have supporting statements, arrange them in the same order as the schedules or forms they support and attach them last. Do not attach a copy of your original return, correspondence, or other items unless required to do so.

When he files jointly with his wife, her foreign income must be reported. He must file a Form 2555EZ to exclude her Income, even though he said it is small. They will want this additional form because it wasn't included with the first filing. He can also,attach the statement electing a non-resident to be treated as a resident for tax purposes.

Exactly, totally correct. Along with the 1040X, any other forms where figures change due to the amendment need to be included. And most importantly, the statement choosing to treat a spouse as a resident for tax purposes.