Amending Return from MFS to MFJ

[Laura. 90]

For our 2013 and 2014 taxes we filed 'Married Filing Separate' because we thought we couldn't file Joint because I (the PR) hadn't worked during those years. Now we realize we could have (at least for 2014) so want to amend those returns in the hope of getting a bigger refund.

I had a look at the form 1040X and I just want to check how I should fill it out because I'm feeling a little overwhelmed.

First off, are we even eligible to file 2013 joint? I came on a K1 in Sept 2013 and we were married Oct 2013, I got my EAD in Feb 2014, and then my GC in March 2014.

Obviously the income will stay the same. For 2013 we had $6,100 deduction plus one $3,900 exemption, but filing joint it becomes $12,200 (and then do we add two exemptions or just one again?).

I'm just feeling a little lost. Does anyone have a guide or example form 1040X for changing filing status? I tried searching but couldn't really find anything.

Any help would be appreciated.

[MariaR323 199]

If you were married in 2013 you are eligible to file MFJ. However, it's not as easy as just a filing status change. You were considered a dual status alien in 2013 because that is the year of arrival in the U.S. Hence you must file an election statement electing to be treated as a resident alien for 2013 for tax purposes. For 2014 there is no need for the statement anymore, you just file MFJ.

So you would need to amend both tax year returns.

I would suggest looking at some DIY software such as TurboTax to assist you. Also, read up on the election statement at this IRS link: https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

[Laura. 90]

If you were married in 2013 you are eligible to file MFJ. However, it's not as easy as just a filing status change. You were considered a dual status alien in 2013 because that is the year of arrival in the U.S. Hence you must file an election statement electing to be treated as a resident alien for 2013 for tax purposes. For 2014 there is no need for the statement anymore, you just file MFJ.

So you would need to amend both tax year returns.

I would suggest looking at some DIY software such as TurboTax to assist you. Also, read up on the election statement at this IRS link: https://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Ah, thank you! We just got TurboTax and got the 1040X sorted for 2014, we just weren't sure about the 2013 one. I'll do some reading on the election statement and get to work on it next.

Thanks again!

[MariaR323 199]

Ah, thank you! We just got TurboTax and got the 1040X sorted for 2014, we just weren't sure about the 2013 one. I'll do some reading on the election statement and get to work on it next.

Thanks again!

Oh good. Remember each tax return should be mailed separately in their own individual envelopes; use Certified Mail as well for proof.