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AnaidAaron

Amend tax return to disclose my status

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Filed: K-1 Visa Country: Mexico
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Hi everyone! 

 

 

I got married in August 2018, and didn’t work in the States that year. We filed for our 2018 tax return in February 2019, we chose to treat me as a resident alien for tax purposes only, this was before I had my green card, and we added my worldwide income and subtracted it so it would add to zero, which I know is completely fine and the IRS gives us the option to do. 

 

The thing is, our accountant forgot to send to the IRS the statement disclosing our choice to treat me as a RA for tax purposes even though I was a NRA. Now I’d like to amend our return to disclose that I wasn’t a resident alien at the time, but now I am. The numbers wouldn’t change, just the fact of me disclosing my status at the time. 

 

Has anybody done this? And could you give me any insight on what form to use when my return will stay the same? Thank you so much!

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Filed: Citizen (apr) Country: England
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On 5/28/2019 at 9:31 AM, AnaidAaron said:

Hi everyone! 

 

 

I got married in August 2018, and didn’t work in the States that year. We filed for our 2018 tax return in February 2019, we chose to treat me as a resident alien for tax purposes only, this was before I had my green card, and we added my worldwide income and subtracted it so it would add to zero, which I know is completely fine and the IRS gives us the option to do. 

 

The thing is, our accountant forgot to send to the IRS the statement disclosing our choice to treat me as a RA for tax purposes even though I was a NRA. Now I’d like to amend our return to disclose that I wasn’t a resident alien at the time, but now I am. The numbers wouldn’t change, just the fact of me disclosing my status at the time. 

 

Has anybody done this? And could you give me any insight on what form to use when my return will stay the same? Thank you so much!

I wouldn't worry about it.  Your amended tax return would be identical. You filed as a resident alien already. There is no box to tick to say filing as an elected to be a RA. You paid your taxes exactly as you should have. You don't owe them money. The IRS will not come after you. They have bigger problems than lack of your election to be RA statement. 

 

 

Edited by Wuozopo
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