2018 Tax Return Amend

[Ddhakal1026]

Hi,

I was married when I filed 2018 Tax, but my spouse was abroad and she didnt have her SSN, I filed as a Single. Now she is here and she has SSN. Is it ok to amend my 2018 tax and file as Married? We will have to use 2019 issued SSN to amend 2018 Tax return. Please suggest us. I am the Turbo Tax user since 2015.

Thank you

Dinesh 

[Opus 17]

You must amend, because you should have filed as married all along.  When your spouse does not have an SSN, you still file as married, and you include an application for an ITIN (international tax ID number) with your tax return.

At this point, since you never got an ITIN, you file an amended return to change your status to married, and include your spouse's SSN.  Be sure to include all your spouse's world-wide income, even if it was already taxed in another country (you can get a credit for those taxes paid to another country).  Because your spouse did not have an SSN as of the original April 15, 2019 filing deadline for the 2018 return, there may be certain tax benefits that require a SSN that will be denied when the IRS processes the return (possibly such as college tuition benefits, I don't have a full list).  That's just the rules.

[LinaJ2020]

Yes, you should be able to. 

Technically, whether you had the SSN last year or not, you should not have filed Single.  You should have filed either Married Filing Jointly or Married Filing Separately.  To file jointly, you would have applied for an Individual Taxpayer Identification Number ITIN for her. If filed separately, you would not need to apply. 

Usually, with the new SSN, the IRS does not allow you to go back and amend to claim certain tax benefits, for example, Earned Income Credit or the Child Tax Credit.  For example, some people file with their ITIN which does not qualify them for certain tax breaks.  After they apply for their new SSN, they go back to amend to reclaim those benefit which required the SSN.  The IRS does not allow. 

In your situation, on your amendment filing as married, if your spouse qualifies for any tax benefits which require an SSN, IRS would likely deny them.