Can someone help me understand how to amend a jointly filed 1040, and file individual 1040-NRs? Do I need to fill two 1040-X?

Forum|Forum|2 years ago
July 14, 2024
2 replies
21 views

I filed my taxes jointly with my wife (1040), and recently got to know that we are non-resident aliens and should've filed 1040-NR instead. While I understand that I need to fill 1040-X and 1040-NR, I am not sure how to amend a jointly filed tax return and break that into two 1040-NRs.

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Anonymous_

Level 15

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pk_

Level 15

@kathan251191 , before we get in to how to file a Non-Resident tax return first I would like to know the antecedents :

(a) Country you & your spouse are from? If not from the same country then citizenship of each ?

(b) what visa ?

(d) Do you both have income from US sources ? Or just one of you ? Which spouse ?

(e) Do you have children living with you ?

I will await your answer(s) to my questions.

kathan251191Author

Level 2

Hi, thank you for getting back to us. Here are the answers to your questions.

a & b - Husband - India, L1B Visa; Wife - India, L2S Visa

c - Both entered USA on 08 July 2024. First entry ever, in the US.
d - Both have US Income.

e - No children

pk_

Level 15

@kathan251191 Namaste ji.

So both of you work and therefore have US sourced income. Assuming that you actually meant that you entered USA on July 8th. 2023. This would mean that by the end of the year 2023 you would have passed the substantial Presence Test. Thus you were a resident for tax purposes for the year 2023 ( starting from the first day of presence). However, because it would have been a short year for you, while you file jointly on form 1040, you cannot take standard deduction -- you have to use itemized deduction.

I am also assuming that you both work/ earn therefore you must have SSNs -- yes?

Does this make sense ? If you have more question s on this , you are welcome to add to this thread OR you can PM me ( if the questions are not of general interest -- just no personally identifiable info please ).

Namaste