Federal Way, WA asked in Tax Law for Washington

Q: I need to file an amended tax return for 2015.

I need to file an amended tax return for 2015. I have to change my filling status from single to married filing jointly. My wife was not a US resident in 2015, so I filed as single. What I want to know is, am I allowed to use her social security number now to amend my 2015 return? Even though she was an NRA in 2015.

Related Topics:
1 Lawyer Answer
Michelle D. Wynn
Michelle D. Wynn
  • Tax Law Lawyer
  • Melbourne, FL

A: If you were married to your wife at the end of 2015 (regardless of whether she was US resident at the time), you can file for a Married Filing Joint status. However, by her consenting to filing jointly with you she is agreeing to be treated as a US Tax Resident for many tax purposes. This means that she would be subject to US tax on her worldwide income. It may also subject her to other reporting or tax requirements depending on the exact circumstances. I strongly suggest seeking professional assistance in deciding whether it would be wise to file jointly with your wife for that year or any other year in which she was an NRA.

You can find some basic information about this on the IRS webpage for Nonresident Spouse Treated as a Resident: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.