Solved: Husband H1B, Wife on F1 OPT Should we file amended return with special joint election in resident status
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pratapa
New Member

Husband H1B, Wife on F1 OPT Should we file amended return with special joint election in resident status

I am on H1B status and a resident for tax purposes. But my wife has been on F1 status since 2015 and hence I believe non-resident status. She has not paid FICA taxes whichs correct for her status. 
But we have always files using turbo tax regular 1040. Now I am learning that we should have done a 'First Choice Election' in 2015 itself that my wife be considered as resident for tax purposes. See https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

My questions are
1) Can we now file an amended return for 2015 with the joint election? What should be included in it. 1040X form with a declaration statement?

2) As per above, it seems we have to file such amended returns for all subsequent years. Is that correct. So should we file for 2016, 2017 and 2018 as well ? For 2018 can I include the declaration with the filing itself

3) When I use turbo tax for total tax amount owed, it does not consider FICA taxes in it. Is this correct?

1 Best answer

Accepted Solutions
KarenJ
Intuit Alumni

Husband H1B, Wife on F1 OPT Should we file amended return with special joint election in resident status

You will need to amend your 2015 tax return by April 15, 2019.

You have 3 years from the date you filed your return (or 2 years after you paid the tax due, whichever is later) to file an amended return.

I would print out a Form 1040X  and complete it manually as the only thing you are changing is the statement.  I would include the 1040X and the 2 page 1040 and the statement.

According to Publication 519, page 9:
Amended return. You generally make this choice when you file your joint return. However, you also can make the choice by filing a joint amended return on Form 1040X. Attach Form 1040 and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse also must amend any returns that you may have filed after the year for which you made the choice. You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

You should file the amended returns for 2016 and 2017 as well to include the statement.

Don't forget to sign the amended return before mailing and include on page one of the 1040X the year you are amending (at the top of the page).

For 2018, you need to include the statement with your 2018 return that you mail.

TurboTax does not calculate FICA taxes.

Publication 519

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

View solution in original post

2 Replies
KarenJ
Intuit Alumni

Husband H1B, Wife on F1 OPT Should we file amended return with special joint election in resident status

You will need to amend your 2015 tax return by April 15, 2019.

You have 3 years from the date you filed your return (or 2 years after you paid the tax due, whichever is later) to file an amended return.

I would print out a Form 1040X  and complete it manually as the only thing you are changing is the statement.  I would include the 1040X and the 2 page 1040 and the statement.

According to Publication 519, page 9:
Amended return. You generally make this choice when you file your joint return. However, you also can make the choice by filing a joint amended return on Form 1040X. Attach Form 1040 and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse also must amend any returns that you may have filed after the year for which you made the choice. You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

You should file the amended returns for 2016 and 2017 as well to include the statement.

Don't forget to sign the amended return before mailing and include on page one of the 1040X the year you are amending (at the top of the page).

For 2018, you need to include the statement with your 2018 return that you mail.

TurboTax does not calculate FICA taxes.

Publication 519

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

View solution in original post

pratapa
New Member

Husband H1B, Wife on F1 OPT Should we file amended return with special joint election in resident status

Thanks a lot. So going forward for 2019's returns I dont need to submit any statement ?
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