Must Amend From Single to Married - Very Confused

[luvugj 8]

Hello Everyone,

I stupidly filed as single. I was suppose to file either married, filing separately or married, filing jointly. Thankfully, I have time before I amend. During that time, I'd like to get as informed about the best way to amend. Here is my situation:

1. I am the USC - employed full time in USA; live in USA. My husband is in India - employed full time in India. He resided in India for all of 2015.

2. We married Jan. 2015

3. He was approved for a CR-1 visa last month, will move to USA in July, and will have his social security number before I have to amend.

4. He has not yet filed taxes in India.

Here are my questions regarding amending my tax return:

1. What is the most financially efficient way to amend: married, filing separately or married, filing jointly?

2. If we amend to married, filing jointly, will this mean that my spouse will be paying taxes to both India and USA?

I talked to a turbo tax representative/ "expert" and she was CLUELESS.

This situation is slightly stressing me out, so thanks very much in advance for any information received.

Zara

[Jack2107 46]

Don't worry about it.

[rutabaga 209]

Some reading material that'll come in handy for you here:

Nonresident Spouse Treated as a Resident

Frequently Asked Questions (FAQs) About International Individual Tax Matters

Foreign Earned Income Exclusion

Publication 514, Foreign Tax Credit for Individuals

1: Only you can figure that one out, since you know the numbers and we don't. One easy way to figure out is to do your tax return in TT as MFS, see how much money you get back, and then do one from scratch as MFJ and see if that works out better or worse. (I do believe he'll need a SSN or ITIN in order for you to file MFJ with him).

2: He'll be liable to pay taxes to the US on his world-wide income, but you might be able to exclude some or all of what he earned (see links above).

Definitely don't lose sleep over it--if you can't figure it out and don't want to consult a professional about it, just refile as MFS and be done with it would be my advice.

[luvugj 8]

Thank you for the links and advice. Much appreciated.

[Nich-Nick 3,354]

Here are my questions regarding amending my tax return:

2. If we amend to married, filing jointly, will this mean that my spouse will be paying taxes to both India and USA?

2: He'll be liable to pay taxes to the US on his world-wide income,

.

He will not be taxed on his Indian income. He will qualify for the Foreign Earned Income Exclusion, which figures the tax on all the income, then takes off the tax his Indian part would be.

Edited April 4, 2016 by Nich-Nick