Documents to Amend from Single to MFJ

[RougePoppy 0]

Hello,

 

I was wondering if anyone has gone through the process of amending tax returns from single to MFJ. I was married in Sep 2022 but my tax preparer had us file as single for 2022 and 2023.

 

For those who have ammended from single to MFJ, what documents did you need from your spouse. 

 

More specifically, my spouse is Filipina and it sounds like the employers file taxes on behalf of employees, so she doesn't know how or which documents to get.

 

Has anyone gone through the process of amending with their Filipina spouse and can provide guidance? 

[Dashinka 24,493]

1040x.

 

Good Luck!

[RougePoppy 0]

I know 1040X required from US side. 

[PGA 240]

On 2/9/2024 at 1:58 PM, RougePoppy said:

Hello,

 

I was wondering if anyone has gone through the process of amending tax returns from single to MFJ. I was married in Sep 2022 but my tax preparer had us file as single for 2022 and 2023.

 

For those who have ammended from single to MFJ, what documents did you need from your spouse. 

 

More specifically, my spouse is Filipina and it sounds like the employers file taxes on behalf of employees, so she doesn't know how or which documents to get.

 

Has anyone gone through the process of amending with their Filipina spouse and can provide guidance? 

OK for US tax filings, you can probably amend for year 2022 and 2023. If I remember correctly, when amending a tax return for change of filing status there is a limited time in which to do that and it varies depending on what status you are changing from/to, but apparently you can change from one status to MFJ within 3 years. 

Edited February 10 by PGA
incorrect information

[top_secret 2,417]

Are you waiting until she gets here and has a Social Security number, or are you planning to file now with an application for an ITIN?????  Either is possible.

As far as her Philippine income, you just need to declare it to the IRS, you don't have to document it unless you got audited.  The IRS is unlikely to audit anyone over a typical Philippine income. Though it's not necessary, if her employer is doing things correctly (not all do) she should receive and have to sign a BIR Form 2316 annually.  Her employer would provide that and it would have all her income and withholding listed kind of like a W2 in the US. I'm not an expert on foreign income but I believe you could then exclude her income on the IRS form 2555 https://www.irs.gov/forms-pubs/about-form-2555 because the Philippines does have a tax treaty with the US.

[RougePoppy 0]

Thank you so much, the answer I was looking for was the BIR Form 2316. I plan for her to arrive first, get an SSN, then ammend with the 1040X / 2555 from an immigration tax specialist

Edited February 10 by RougePoppy