Husband filed 2018 tax as single but we got married 2017

[Keila_27 32]

Hi, how do I go about amending my husband’s (US citizen) 2018 tax return because he filed it as Single since back in 2018, we were still in the process of CR-1 visa and I am still living in the Philippines then. He didn’t really know what to do then, that’s why he mistakenly chose Single status. (We got married 2017)
 

I came to the US last May 2019. And I do have my SSN now. I have read about this topic on IRS website but I am confused. How will we do the amendment if we choose Married filing Jointly? Or Married filing separately? Which one is preferable? Hoping someone could enlighten me with this situation. thank you
 

**Our 2019 tax return was filed Married Filing separately - amended to jointly as of now. 
 

[Joyoussinger 1,425]

Your husband can file a 1040-X to amend his filing status. He can now do it online. Here's the link. You can find out how to do it, and what happens if it causes him to owe more money because of the change or if (hopefully) they owe you money. https://www.irs.gov/forms-pubs/about-form-1040x

[Joyoussinger 1,425]

I just found this, and it may help you more than the first one I posted. It's specifically for non-resident alien Spouses. I hope it helps! https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[JeanneAdil 6,498]

24 minutes ago, Joyoussinger said:

Your husband can file a 1040-X to amend his filing status. He can now do it online. Here's the link. You can find out how to do it, and what happens if it causes him to owe more money because of the change or if (hopefully) they owe you money. https://www.irs.gov/forms-pubs/about-form-1040x

you can't  do it online as you need to send supporting documents like spouse ID and marriage certificate and online apps doen't allow this

[Joyoussinger 1,425]

58 minutes ago, JeanneAdil said:

you can't  do it online as you need to send supporting documents like spouse ID and marriage certificate and online apps doen't allow this

The IRS website now says that you can do it online. 

"You can now file Form 1040-X electronically with tax filing software to amend 2019 Forms 1040 and 1040-SR. To do so, you must have e-filed your original 2019 return. For more details, see our latest news release on this topic.

Paper filing is still an option for Form 1040-X."   https://www.irs.gov/forms-pubs/about-form-1040x

 

I haven't read all the instructions, but I imagine there's a way to upload supporting docs.

Edited November 8, 2020 by Joyoussinger

[SteveInBostonI130 3,434]

@Keila_27,

 

I recommend you contact a tax professional or visit a tax discussion forum.  Because you obtained your SSN in 2019, there may be additional forms or attachments you may need to amend your 2017 and 2018 tax returns.  Most of us here help with answering immigration questions and are not as knowledgeable about tax issues.

 

 

[Nitas_man 3,100]

13 hours ago, Joyoussinger said:

Your husband can file a 1040-X to amend his filing status. He can now do it online. Here's the link. You can find out how to do it, and what happens if it causes him to owe more money because of the change or if (hopefully) they owe you money. https://www.irs.gov/forms-pubs/about-form-1040x

He likely wont owe anything if he filed single

[Nitas_man 3,100]

14 hours ago, Keila_27 said:

Hi, how do I go about amending my husband’s (US citizen) 2018 tax return because he filed it as Single since back in 2018, we were still in the process of CR-1 visa and I am still living in the Philippines then. He didn’t really know what to do then, that’s why he mistakenly chose Single status. (We got married 2017)
 

I came to the US last May 2019. And I do have my SSN now. I have read about this topic on IRS website but I am confused. How will we do the amendment if we choose Married filing Jointly? Or Married filing separately? Which one is preferable? Hoping someone could enlighten me with this situation. thank you
 

**Our 2019 tax return was filed Married Filing separately - amended to jointly as of now. 
 

The correct form is 1040x.

 

Curious if he filed 2017 taxes (tax year 2017, filed 2018) as single or married?  If so the correction is for that tax year.

 

At any rate for tax years you were married and lived outside the US:
 

Status:  MFJ

Convert your income to USD and combine  with his

Declare your income that year as foreign earned and it will be excluded / not taxable.  Category:  Bonafide resident of your home country

 

You should file a statement that he is choosing to treat you as “resident for tax purpose”’ for the first corrected tax year, either 2017 or 2018, and no statement needed after that.

 

I believe you have to mail these in but any tax software will allow you to fill them out electronically then print them.

 

The good news is that you should get a refund from this.  There is no actual penalty for late filing ect unless you owe them money but there is a 3-yr deadline to amend the returns.

 

You folks need to go back and jointly file as far as possible.  Every year you

joint file you are credited 4 quarters of SS credit under your spouse’s record.

 

Good luck

 

 

 

 

Edited November 9, 2020 by Nitas_man

[Keila_27 32]

Thank you all for the response, really appreciate it a lot

[JeanneAdil 6,498]

15 hours ago, Joyoussinger said:

The IRS website now says that you can do it online. 

"You can now file Form 1040-X electronically with tax filing software to amend 2019 Forms 1040 and 1040-SR. To do so, you must have e-filed your original 2019 return. For more details, see our latest news release on this topic.

Paper filing is still an option for Form 1040-X."   https://www.irs.gov/forms-pubs/about-form-1040x

 

I haven't read all the instructions, but I imagine there's a way to upload supporting docs.

you can file online but that has no way to submit the original (and it was to be original) documents to support the marriage / this i did in 2010 and the proofs remain the same thru 2019

for this type of change ,  the package needs to be sent in paper form to send in originals

Back when i did it,  there was an option to go to IRS field office and the officer would see the originals, copy and sign the copy to prove he/she had seen originals but IRS offices no longer do tax returns .  so the originals must be mailed in with the 1040x form

[Duke & Marie 1,389]

Get him to file an amendment and change his status to married filing separately... that way you don’t have to worry about the whole global income thing if you work back in your home country.. if your income is low, he can file as married filing jointly but you’ll need to provide all your information and the USD figure of your earning... chances are he may get a minor refund