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Amend Taxes - specific questions - need help!

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Filed: IR-1/CR-1 Visa Country: India
Timeline

My husband arrived this year and so I filed MFJ for this year since I now have his ss number. I want to amend my taxes from 2018 as that is the year we were married. At the time he obviously lived outside the USA while we were in the immigration process. He was also unemployed during in 2018.

 

I have a couple of questions that i hope you can guide me :)

 

1.) The 1040x has a box that says to "check" if you both had health insurance during 2018. I did have it the entire year, but my husband didn't as he was not in the USA, so am I supposed to check the box?

 

2.) My husband is employed now, but was not in 2018. Do i put "unemployed" for Job title with the signature or his employment title now? 

 

3.)Is there any other forms that go along with the 1040x? 

 

4.) This is my second amended return for 2018, the first time I  amended my tax return status from "Single" to "MFS", and now I am filing MFJ to get the difference of the refund..will this be an issue? 

 

Thanks for any insight with this process. 

 

NOA 1:           September 18, 2018

NOA 2:           August  20, 2019 

Sent NVC:      September 11, 2019

Rec NVC:       September 18, 2019

Case #           October 16, 2019

Docs Sub:      October 21, 2019

Doc Qual.       October  22, 2019 

IL:                    January 23, 2020

INT. Date:       February 11, 2020

APPROVED

POE  Date      March 11, 2020

GC Received  July 3, 2020

 

 

 

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Filed: Citizen (apr) Country: England
Timeline
8 hours ago, GAMAJM said:

1.) The 1040x has a box that says to "check" if you both had health insurance during 2018. I did have it the entire year, but my husband didn't as he was not in the USA, so am I supposed to check the box?

Check it because he has an exemption.

Fill out a 2018 Form 8965. His exemption code is C (living abroad). 
https://www.irs.gov/pub/irs-pdf/i8965.pdf instructions

https://www.irs.gov/pub/irs-pdf/f8965.pdf form

 

 

8 hours ago, GAMAJM said:

2.) My husband is employed now, but was not in 2018. Do i put "unemployed" for Job title with the signature or his employment title now? 

Yes

 

8 hours ago, GAMAJM said:

3.)Is there any other forms that go along with the 1040x? 

Follow the instructions. See Part III on the form about additional attachments for new forms. You have at least two.

  • Form 8965.
  • You need the statement choosing to treat your husband as a resident alien for tax purposes in 2018. He was nonresident and is not allowed to file a joint return, but there is an exception and it requires a statement signed by both. **
     
8 hours ago, GAMAJM said:

4.) This is my second amended return for 2018, the first time I  amended my tax return status from "Single" to "MFS", and now I am filing MFJ to get the difference of the refund..will this be an issue? 

There is no limit on amending as long as it’s in the timeframe allowed.

 

You will find it easier to complete a new 2018 return from scratch as MFJ. Then you will have the correct numbers to copy to the 1040x. Several lines will change when you file joint. 

 

**How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)
Edited by Wuozopo
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Filed: IR-1/CR-1 Visa Country: India
Timeline
18 hours ago, Wuozopo said:

Check it because he has an exemption.

Fill out a 2018 Form 8965. His exemption code is C (living abroad). 
https://www.irs.gov/pub/irs-pdf/i8965.pdf instructions

https://www.irs.gov/pub/irs-pdf/f8965.pdf form

 

 

Yes

 

Follow the instructions. See Part III on the form about additional attachments for new forms. You have at least two.

  • Form 8965.
  • You need the statement choosing to treat your husband as a resident alien for tax purposes in 2018. He was nonresident and is not allowed to file a joint return, but there is an exception and it requires a statement signed by both. **
     

There is no limit on amending as long as it’s in the timeframe allowed.

 

You will find it easier to complete a new 2018 return from scratch as MFJ. Then you will have the correct numbers to copy to the 1040x. Several lines will change when you file joint. 

 

**How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

  1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
  2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Thank you! 

 

 

NOA 1:           September 18, 2018

NOA 2:           August  20, 2019 

Sent NVC:      September 11, 2019

Rec NVC:       September 18, 2019

Case #           October 16, 2019

Docs Sub:      October 21, 2019

Doc Qual.       October  22, 2019 

IL:                    January 23, 2020

INT. Date:       February 11, 2020

APPROVED

POE  Date      March 11, 2020

GC Received  July 3, 2020

 

 

 

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