Filing amended return - need help!

[Christopher F 3]

Hello,

 

Here is a quick synopsis of my story-  I sincerely appreciate any help in advance!

My wife and I were married in 2016- when I went to file my taxes in 2017 (FY2016), I wanted to file as Married Filing Jointly, but was unable to because at that point my wife did not have a SSN and the documentation need to get an ITIN was unattainable.  I was forced to file Married Filing Seperately.  She has now received her SSN and I had no trouble filing Married/Jointly in 2018 (FY2017) using her SSN.  

What I am trying to do is file an amended return for the 2016 tax year as Married Filing Jointly.  Does anyone know what docs I need besides a 1040X?  

 

Any help/response received is appreciated!

Thank you!

[Russ&Caro 1,549]

29 minutes ago, Christopher F said:

Hello,

 

Here is a quick synopsis of my story-  I sincerely appreciate any help in advance!

My wife and I were married in 2016- when I went to file my taxes in 2017 (FY2016), I wanted to file as Married Filing Jointly, but was unable to because at that point my wife did not have a SSN and the documentation need to get an ITIN was unattainable.  I was forced to file Married Filing Seperately.  She has now received her SSN and I had no trouble filing Married/Jointly in 2018 (FY2017) using her SSN.  

What I am trying to do is file an amended return for the 2016 tax year as Married Filing Jointly.  Does anyone know what docs I need besides a 1040X?  

 

Any help/response received is appreciated!

Thank you!

You got it. 1040X is all you need. I went through the exact same experience 4 years ago. Had to file MFS because they refused to give my wife an ITIN. Had to wait til she arrived in the USA and received an SSN, and then filed a 1040X MFJ to receive my full refund. Good luck.

[Christopher F 3]

8 minutes ago, Russ&Caro said:

You got it. 1040X is all you need. I went through the exact same experience 4 years ago. Had to file MFS because they refused to give my wife an ITIN. Had to wait til she arrived in the USA and received an SSN, and then filed a 1040X MFJ to receive my full refund. Good luck.

Thanks Russ&Caro-- did you happen to claim any of your spouses' income earned abroad?  Last time I was researching this, that's where it got tricky.  I'm supposed to claim her income (which wasn't much), but I remember reading that if they made less than X amount overseas, it wasn't taxable.  I looked at the form one time last year, but forgot the name.

 

Thanks again for your response!

[Dee elle 1,368]

18 minutes ago, Christopher F said:

Thanks Russ&Caro-- did you happen to claim any of your spouses' income earned abroad?  Last time I was researching this, that's where it got tricky.  I'm supposed to claim her income (which wasn't much), but I remember reading that if they made less than X amount overseas, it wasn't taxable.  I looked at the form one time last year, but forgot the name.

 

Thanks again for your response!

Her income must be declared, and then you claim an exemption.... cant remember the correct form number, but if you search the IRS site for foreign earned income, it will come up. 

[geowrian 22,337]

FEIE: https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

Foreign Tax Credit: https://www.irs.gov/individuals/international-taxpayers/foreign-tax-credit

[Christopher F 3]

1 minute ago, Dee elle said:

Her income must be declared, and then you claim an exemption.... cant remember the correct form number, but if you search the IRS site for foreign earned income, it will come up. 

Hi Dee Elle, thanks for your response!

I just searched and I believe it's form 2555-EZ (foreign earned income exclusion).  Seems straightforward enough.  Do you think/feel confident that those are the only 2 forms I'd need to file (1040x)?  Since she is now a permanent resident, I shouldn't need to file any Non-resident alien tax return or any of that stuff, right?

 

It's a little intimidating, but I'm feeling confident!  I want my money back!

 

Chris

[Christopher F 3]

4 minutes ago, geowrian said:

FEIE: https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

Foreign Tax Credit: https://www.irs.gov/individuals/international-taxpayers/foreign-tax-credit

Thanks for your response Geowrian--  however, I don't think the foreign tax credit applies to my situation.  I was living in the US and a resident here the entire time, and my wife paid 0 taxes in her country as she didn't make enough to be taxed.  Am I interpreting that correctly?  In addition, I don't think I'd have enough deductions to exceed the standard deduction.

[geowrian 22,337]

Just now, Christopher F said:

Thanks for your response Geowrian--  however, I don't think the foreign tax credit applies to my situation.  I was living in the US and a resident here the entire time, and my wife paid 0 taxes in her country as she didn't make enough to be taxed.  Am I interpreting that correctly?  In addition, I don't think I'd have enough deductions to exceed the standard deduction.

That's entirely possible...I was just listing it as an option in case it did apply to your circumstances.

[Christopher F 3]

5 minutes ago, geowrian said:

That's entirely possible...I was just listing it as an option in case it did apply to your circumstances.

Thank you!  I am just in the process of re-educating myself on all the tax info-- it can be pretty complex!

[Dee elle 1,368]

5 minutes ago, Christopher F said:

Hi Dee Elle, thanks for your response!

I just searched and I believe it's form 2555-EZ (foreign earned income exclusion).  Seems straightforward enough.  Do you think/feel confident that those are the only 2 forms I'd need to file (1040x)?  Since she is now a permanent resident, I shouldn't need to file any Non-resident alien tax return or any of that stuff, right?

 

It's a little intimidating, but I'm feeling confident!  I want my money back!

 

Chris

It cam get tricky.. but primarily because of her tax status in the first year...  

When did you marry

what is the date on her  GC..

[Christopher F 3]

6 minutes ago, Dee elle said:

It cam get tricky.. but primarily because of her tax status in the first year...  

When did you marry

what is the date on her  GC..

We married Sept 2016.  She arrived in the US November 2017.  Her current admission status is valid until Nov 2019, at which point I would remove the GC conditions and apply for the 10 year GC.  When I filed Married Filing Separately in 2017 (for 2016) I wrote non-resident alien in all the boxes that asked for SSN or ITIN, and sen in a paper tax return.  At thatt point, I think that's what the IRS was instructing to do.

 

Do you think there's other forms/documents I need to send in?

[Dee elle 1,368]

1 minute ago, Christopher F said:

We married Sept 2016.  She arrived in the US November 2017.  Her current admission status is valid until Nov 2019, at which point I would remove the GC conditions and apply for the 10 year GC.  When I filed Married Filing Separately in 2017 (for 2016) I wrote non-resident alien in all the boxes that asked for SSN or ITIN, and sen in a paper tax return.  At thatt point, I think that's what the IRS was instructing to do.

 

Do you think there's other forms/documents I need to send in?

Yes NRA is correct for 2016... but her SSN wasnt issued until she became an LPR.. I dont know about refiling MFJ as she wasnt a resident of the US for the 2016 ....  either  by substantial presence or green card test for 2016, IRS has no interest in her income for that year.. I may be wrong, but it seems to me that you couldnt file MFJ for that 2016. 

 

Im interested in your 2017 filing as .. did you choose for her to be a tax resident for the whole year in order to use MFJ?

Our accountant uses 1116 foreign tax credit.. but i know the other one is also there.. not sure the difference.. I pay him a lot to know things like that. 

Dont forger the FBAR requirements if she holds any foreign bank accounts where the sum total of them, at anytime during the year, exceeds USD 10000. If she did for 2017, she should have filed FBAR by April 2018

I found that , compared to IRS paperwork, USCIS was simple.. 

[RoseEinar 27]

I just filed my 2017 taxes as Married Filing Jointly and filled out the 2555EZ and thought I was receiving a huge refund. Come to find out that if you fill out a 2555EZ your tax is calculated differently, using a worksheet. I ended up owing the IRS money, almost as much as had I filed Married Filing Separately. Just a heads up, you might want to run the numbers both ways and see what works better for you. I still came out about $240 ahead filing jointly but it wasn't nearly what I was expecting.

 

[Dee elle 1,368]

3 minutes ago, RoseEinar said:

I just filed my 2017 taxes as Married Filing Jointly and filled out the 2555EZ and thought I was receiving a huge refund. Come to find out that if you fill out a 2555EZ your tax is calculated differently, using a worksheet. I ended up owing the IRS money, almost as much as had I filed Married Filing Separately. Just a heads up, you might want to run the numbers both ways and see what works better for you. I still came out about $240 ahead filing jointly but it wasn't nearly what I was expecting.

 

Yes.. I think that's why he used the 1116

Ours at least came out even..

Another accountant, who totally messed up everything , used the 2555 and the results were not pretty.. we had to refile everything.. a substantial fee to another accountant who actually did know what he was doing.. our initial IRS bill was 4000$... which we paid to get it clear, then were refunded the full amount 6 months later when our 1040x finally went through. 

[RoseEinar 27]

4 minutes ago, Dee elle said:

Yes.. I think that's why he used the 1116

Ours at least came out even..

Another accountant, who totally messed up everything , used the 2555 and the results were not pretty.. we had to refile everything.. a substantial fee to another accountant who actually did know what he was doing.. our initial IRS bill was 4000$... which we paid to get it clear, then were refunded the full amount 6 months later when our 1040x finally went through. 

Thanks, we'll definitely look into refiling for 2017 with the 1116 and see how that goes. If it works, I'll redo 2016 as well!