Filing amended return - need help!

[Christopher F 3]

1 minute ago, Niaz said:

And FBAR requirement will not come into picture here as she does not meet the SPT( substantial presence test ) . she was not in US for the required number of days 

What is the requirement exactly?  When must I complete the FBAR?  She was here for 1.5 months in 2017 and will be here for all of 2018.

[Niaz 2]

And you need to file election also with the tax papers . Since the spouse was in foreign country you need special election to do MFJ return . So that also needs to be attached to the return and signed by both of you . Election 6013 G or 6013 H election should be taken in your case .

[Niaz 2]

2 minutes ago, Christopher F said:

What is the requirement exactly?  When must I complete the FBAR?  She was here for 1.5 months in 2017 and will be here for all of 2018.

Well in 2016 spouse was in Foreign country so no presence in US at all . So no FBAR I guess . Now in 2017 only 45 days means again no FBAR requirement. Rule of DPT is slightly complicated because there is something called look back rule which we need to consider last three years also . Well I cannot make it that simple here . But I can tell you she doesn't meet SPT in 2016.

[Christopher F 3]

6 minutes ago, Niaz said:

And you need to file election also with the tax papers . Since the spouse was in foreign country you need special election to do MFJ return . So that also needs to be attached to the return and signed by both of you . Election 6013 G or 6013 H election should be taken in your case .

I already filed this year for 2017 (MFJ) and didn't do any special election to my knowledge.  Isn't it already implied that you want to be taxes together when you are filing MFJ?

[Niaz 2]

8 minutes ago, Christopher F said:

What is the requirement exactly?  When must I complete the FBAR?  She was here for 1.5 months in 2017 and will be here for all of 2018.

I guess FBAR should be filed with tax return now. So same due date as the return 

[geowrian 22,338]

By 6013, I believe they are referring to the choice to be treated as an RA vs NRA for the tax year as the spouse of a USC:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Niaz 2]

3 minutes ago, Christopher F said:

I already filed this year for 2017 (MFJ) and didn't do any special election to my knowledge.  Isn't it already implied that you want to be taxes together when you are filing MFJ?

2017 is fine to file without elections , I guess your spouse came as a green card holder , please correct me if I'm wrong. Elections are for 2016 return if you are planning to amend it . Election is taken to make your spouse who is in foreign country resident in US so that you can file taxes together 😀

[Christopher F 3]

5 minutes ago, Niaz said:

2017 is fine to file without elections , I guess your spouse came as a green card holder , please correct me if I'm wrong. Elections are for 2016 return if you are planning to amend it . Election is taken to make your spouse who is in foreign country resident in US so that you can file taxes together 😀

 

7 minutes ago, geowrian said:

By 6013, I believe they are referring to the choice to be treated as an RA vs NRA for the tax year as the spouse of a USC:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

And you guys think I have to do this for my amended return even if I am putting my wife's SSN on the 1040X and I already filed my 2017 MFJ w/ her SSN?  I guess it couldn't hurt--  Just don't want to open up a can of worms!

[Niaz 2]

1 minute ago, Christopher F said:

 

And you guys think I have to do this for my amended return even if I am putting my wife's SSN on the 1040X and I already filed my 2017 MFJ w/ her SSN?  I guess it couldn't hurt--  Just don't want to open up a can of worms!

Well this situation doesn't change the residential status of your spouse in 2016. So I believe 6013 election is required to file MFJ and 6013 G election will be good in your case .Since spouse was in foreign country by the end of 2016 . Please check with any tax accountants also to confirm . 😀

[geowrian 22,338]

1 minute ago, Christopher F said:

And you guys think I have to do this for my amended return even if I am putting my wife's SSN on the 1040X and I already filed my 2017 MFJ w/ her SSN?  I guess it couldn't hurt--  Just don't want to open up a can of worms!

I would include the statement...it's literally a one page document with some basic information and signatures. I wouldn't rely on the IRS to look at a future year's return (nor do I know if that would suffice since it's an election/choice).

 

An SSN doesn't indicate whether she is being treated as a resident alien (RA) or non-resident alien (NRA). NRAs can have an SSN just like RAs...especially since an SSN is issued for life.

[Christopher F 3]

5 minutes ago, Niaz said:

Well this situation doesn't change the residential status of your spouse in 2016. So I believe 6013 election is required to file MFJ and 6013 G election will be good in your case .Since spouse was in foreign country by the end of 2016 . Please check with any tax accountants also to confirm . 😀

 

3 minutes ago, geowrian said:

I would include the statement...it's literally a one page document with some basic information and signatures. I wouldn't rely on the IRS to look at a future year's return (nor do I know if that would suffice since it's an election/choice).

 

An SSN doesn't indicate whether she is being treated as a resident alien (RA) or non-resident alien (NRA). NRAs can have an SSN just like RAs...especially since an SSN is issued for life.

Okay that sounds good--- thanks so much guys.  So I file either 6013 H or G, but not both?

[Christopher F 3]

5 minutes ago, geowrian said:

I would include the statement...it's literally a one page document with some basic information and signatures. I wouldn't rely on the IRS to look at a future year's return (nor do I know if that would suffice since it's an election/choice).

 

An SSN doesn't indicate whether she is being treated as a resident alien (RA) or non-resident alien (NRA). NRAs can have an SSN just like RAs...especially since an SSN is issued for life.

 

7 minutes ago, Niaz said:

Well this situation doesn't change the residential status of your spouse in 2016. So I believe 6013 election is required to file MFJ and 6013 G election will be good in your case .Since spouse was in foreign country by the end of 2016 . Please check with any tax accountants also to confirm . 😀

Is there any risk/downside to doing it this way?  Am I forced to file MFJ forever? (not sure why you wouldn't want to), I just remember reading something like that.

[C&AH 104]

Following because this is something we might be able to do next year as well. 

 

OP could you update your timeline? It would be helpful to us. Godspeed.

Edited July 23, 2018 by C&AH

[Niaz 2]

Just now, Christopher F said:

 

Okay that sounds good--- thanks so much guys.  So I file either 6013 H or G, but not both?

H is a one time election. You should go for G election since spouse was not in US as on 31 st Dec 2016

[Christopher F 3]

3 minutes ago, Niaz said:

H is a one time election. You should go for G election since spouse was not in US as on 31 st Dec 2016

Where do I find the form?  Just checked the IRS website and nothing was there that I saw.  Thanks for your help!