Amending 1040x for MFS NRA CR1

[adcerites 3]

I filed as single when I was suppose to file as married. I'm trying to amend it to MFS because it seems to be the easiest. Per instruction I've been reading. What I need to do is checkbox the MFS and for my spouse's SSN and I would need to put NRA. That's what my plan was until my coworker said if I'm filing MFS I still need to file a 1040 for my spouse. Is that true? Thanks in advance!

[Nich-Nick 3,354]

If your wife isn't even in this country, she has no obligation to file anything. You may file MFS. You really need to do a new return as MFS (for yourself) just so you can see where the numbers change. The 1040x wants you to fill out any lines that are different. Your income, interest, deductions, etc aren't changing, but you can add an exemption for your wife (line 4 and page 2 Part 1). Your tax (line 6) will be different because of the changes. So the best way to know what is different is work out a MFS return to go by. Then you know what to fill in for before, after, and difference in those columns ABC.

You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:

Must have no gross income for U.S. tax purposes,

Must not be filing a return, and

Must not be the dependent of another taxpayer.

[adcerites 3]

Thanks! So if there is no difference between single and MFS per 1040 instruction page ~80. (~33,000) The only thing I would need to do is check MFS and type NRA in the SSN box? This is on the 1040x. I would love to get back more but I'm not confident to do it myself. I have never done my taxes before by myself. I had always paid someone to do my taxes and she said it wasn't possible to do the NRA. She also already filed it electronically before I came across the guide. I trusted her and so I'm in this situation now. Per FAQ I was reading, never file single. Thanks again.

Edited April 21, 2016 by adcerites

[Nich-Nick 3,354]

Thanks! So if there is no difference between single and MFS per 1040 instruction page ~80. (~33,000) The only thing I would need to do is check MFS and type NRA in the SSN box? This is on the 1040x. I would love to get back more but I'm not confident to do it myself. I have never done my taxes before by myself. I had always paid someone to do my taxes and she said it wasn't possible to do the NRA. She also already filed it electronically before I came across the guide. I trusted her and so I'm in this situation now. Per FAQ I was reading, never file single. Thanks again.

You get an extra personal exemption of $4000 for the wife. That changes your taxable income from $33,000 to $29,000. So now you go to the tax table for $29k, MFS

Before tax on $33k was $4493

Now tax on $29k is $3893

Your difference is $600

Look at your current 1040 that was filed single.

Line 42 says $4000. New MFS return would say $8000

That changes Line 43. Read the directions on the line "Taxable income. Subtract line 42 from line 41"

So you now subtract $8000 from line 41 where before you subtracted $4000. Your answer will be ~29,000. That is a change so goes on the 1040x as Taxable Income change.

Your new taxable income means you look up the new tax number on the tax tables as I explained before.

Looks like your 1040x would have changes to report on Line 4, 5, 6, 11.

Line 17 is how much was held out of your checks. That's found on your w2 or your 1040 (line 64).

Then go to 1040x Line 18 and start following along what it says to do.

Go to page 2 of 1040x. Do Part 1 because you changed personal exemptions.

Do Part 3 because you have to say why you amended.

[adcerites 3]

I'm a bit confused. I thought the only way to put in that 4000 is when you MFJ. Also it's possible for me to just put in the NRA and check MFS and leave everything else blank and sign? Your instruction just overwhelm me. Will have to try it though.

[Nich-Nick 3,354]

i didn't make this up. It was copied straight from the IRS

You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:

Must have no gross income for U.S. tax purposes,

Must not be filing a return, and

Must not be the dependent of another taxpayer.

Here is a longer cut/paste to show you it is correct for married filing separate:

Personal Exemptions

You are generally allowed one exemption for yourself. If you are married, you may be allowed one exemption for your spouse. These are called personal exemptions.

Your Own Exemption

You can take one exemption for yourself unless you can be claimed as a dependent by another taxpayer. If another taxpayer is entitled to claim you as a dependent, you cannot take an exemption for yourself even if the other taxpayer doesn't actually claim you as a dependent.

Your Spouse's Exemption

Your spouse is never considered your dependent.

Joint return. On a joint return you can claim one exemption for yourself and one for your spouse.

----> Separate return. If you file a separate return, you can claim an exemption for your spouse only if your spouse:

-Had no gross income,

-Isn't filing a return, and

-Wasn't the dependent of another taxpayer.

This is true even if the other taxpayer doesn't actually claim your spouse as a dependent.

You can claim an exemption for your spouse even if he or she is a nonresident alien. In that case, your spouse:

-Must have no gross income for U.S. tax purposes,

-Must not be filing a return, and

-Must not be the dependent of another taxpayer.

Read it on the IRS website https://www.irs.gov/publications/p17/ch03.html#en_US_2015_publink1000170848

Sorry my instructions overwhelm you. Did you print out a Form 1040x https://www.irs.gov/pub/irs-pdf/f1040x.pdf and look at the lines as you read my information? Were you looking at a paper copy of your original 1040 at the same time?

I guess if you do not understand taxes you really shouldn't ask how to do it on a forum. You asked if what you thought was correct. The answer is No. You can get an additional $600 refund. You should go back to the person who did it wrong and tell her to fix it at no charge if you can't understand how to fix it yourself. Show her what the IRS says. Sorry I couldn't help.

[adcerites 3]

Is it possible for me to just change status from single to married filing separately and put NRA on the SSN on the form 1040x? I've never amend anything. I was thinking about amending it again(MFJ) once wife is here. On part 3, I would explain why I'm changing it (didn't know I need to file married) then sign/date and mail it off. Is that the easiest way to do it?

Edited April 21, 2016 by adcerites

[adcerites 3]

This is the last thing I have to do before sending my package to NVC. I'm debating if I should send it out with the original 1040(single) by itself or with 1040x. I just want the interview to be as smooth as possible for my wife. Am I worrying too much?

Edited April 21, 2016 by adcerites

[tobias 0]

I am currently in Vietnam, got married in vietnam 2014. my wife has no ssn and we are in the middle of IR 1 applicaiton. I want to file MFS and put NRA under her social security. Does she need to sign the 1040 as well, or just my signature on the 1040 is enough? thank you so much

[Nich-Nick 3,354]

I am currently in Vietnam, got married in vietnam 2014. my wife has no ssn and we are in the middle of IR 1 applicaiton. I want to file MFS and put NRA under her social security. Does she need to sign the 1040 as well, or just my signature on the 1040 is enough? thank you so much

If your filing status is Married Filing Separately, then it is ONLY your tax return so you sign. Only a joint return requires two signatures because two people are filing it. Separate means you by yourself.

Edited May 22, 2016 by Nich-Nick