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.
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
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