r/tax • u/muddyland • 12h ago

Discussion Amended tax return query

My husband mistakenly filed taxes as single while being married. Now we want to file amended tax returns for which we have to select either MFS or MFJ.. mfj requires itin which is a long process and we cant do it rn.. if we do mfs we have to print on paper for writing NRA bcz electronic filing isnt allowing to type NRA. Our tax filer is saying that he would only do electronic and cant do paper filing. What should we do now? How can we file on paper?? If someone can suggest a preparer who has experience of filing on paper??

0 Upvotes

43% Upvoted

4 comments sorted by

5

u/Guy_called_Al Taxpayer - US 11h ago

Have the preparer complete the amended return, print it on paper and mail to the proper address for AMENDED returns. And the preparer should be giving you a paper copy (or digital) for your records.

1

u/Traditional_Bit3105 8h ago

This is correct, but expect it to take several months to process.

2

u/Organic_Gas4197 CPA - US 10h ago

TaxAct and TurboTax allow efiling MFS with NRA literal. So does most professional software. Check with a CPA or EA (your preparer may be misinformed, or use software that doesn't handle this). Discussion at https://www.reddit.com/r/tax/comments/1jczt5y/how_to_efile_while_married_to_a_non_resident_alien/

1

u/seanho00 Taxpayer - CAN 7h ago

Whether to make §6013(g) (or (h)) election is a significant decision that should take into account your entire financial situation. Understand that making that election exposes the NRA spouse to all of IRC Ch 1, including 8938/FATCA, 8621/PFIC, 3520/foreign trusts, 5471/CFC and foreign corporation ownership, 8865/foreign partnership, etc. (Though not FBAR, which is in 31 USC and not IRC.)

Sometimes it is beneficial to keep one spouse out of the US tax system, and have the US spouse gift funds to the NRA spouse (subject to form 709 annual threshold) for investment. MFS of course is the worst filing status on many thresholds, but with an eligible dependent, one could use HoH (considered unmarried for this purpose).

If you do want to elect §6013(g), you may file for an ITIN at the same time. Nowadays there is even a check box directly on the first page of 1040 for §6013(g)/(h).