Amend California Return

[SS1315]

Can I amend my state return if my credits where disallowed? In my federal return I did it as HOH because I’m married but my spouse is not a US resident or citizen. In my state return I did it the same but I ended up putting it as married because I lived with my spouse and I though it would for some reason change my status as married but it kept it as HOH and that’s the reason why my credit was disallowed because my status was HOH but I put married and lived with spouse. Any recommendations please. 

[Vanessa A]

In general, you can amend your state and/or your federal, but did the state make the change and you are trying to disagree with it?  If so, you would respond to the letter they sent you.

 When you say your spouse is not a US Citizen or Resident, does that mean they live in another country?

If they live in another country, do you live in that country as well since you said you lived with them?

If you filed as HOH for federal and your spoused lived with you or you lived with them at all during the last 6 months of 2023, you cannot file as HOH and would need to Amend Your Return

  Your only filing options would be Married Filing Jointly and Married Filing separately. You cannot claim your spouse as a dependent. 

In both situations, your spouses SSN or ITIN must be included on the return in order to e-file. 

If they do not have an SSN or ITIN and you choose to file Married Filing Separate ,you can type NRA in as your spouses last name.  Make sure you put a check mark in the box that says My spouse is a Non-Resident alien in the My info section. When you get to the end and try to transmit the return, ignore the e-file errors regarding your NRA spouse and select transmit your return. If that does not work you will need to print and mail your return and write NRA (Non Resident Alien) in the space for her SSN. 

If you file as Married Filing Separate, then you would only include your income. 

 If your spouse chooses to be treated as an US Citizen for tax purposes, and you want to file as Married Filing Joint, you would need to include their income on your return as well and they would be taxed on it. If you choose filing jointly, you will need to print and mail your return along with the W-7 and any other required documents to

IRS

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

[SS1315]

My spouse and I lived in California for 2023. He does not work and the only we have is through me. He doesn’t have a SSN or ITIN. 

My federal return I did as HOH but now I’m thinking I have to amend my federal as well. 

Can I still get an ITIN for my spouse if I want to do MFJ even if he doesn’t have any income to report? What is your advice to amending my federal and state return. 

[MarilynG1]

If you filed as HOH for Federal, you must have dependent(s), correct?

Wait until you receive your Refund, and you can Amend your Return to file as MFJ.  You will mail in your Amended Return, with Form W-7 attached. 

Here's instructions for Married Filing Jointly with a Non-Resident Spouse.

You could prepare an Amended State Return at the same time, but may not need to actually file it, depending on what state credit was disallowed, and whether you would be eligible for it with your amended return.

@SS1315