Can I get my tax return back if defined "Married filing separately" in W-4 by mistake?

[orest_shchur]

My wife joined a new job in Dec 2022 and specified "Married filing separately" in her W-4 by mistake. So the employer withheld more taxes during the last 2 months (Dec 2022 and Jan 2023). Is there any chance to get that money back by filing the tax return for 2022?

[DoninGA · Accepted solution]

If your total tax liabilities on the 2022 tax return were less than your total tax payments then you will receive a tax refund for the overpayment.

[orest_shchur]

Thanks, @DoninGA ! I assume it is more, because I already owe them money, due to my taxes filed in turbotax. Could you please give me some advice on how can I check this?

[DoninGA]

Look at your tax return Form 1040.  Your total tax liability will be on Line 24 and your total tax payments will be on Line 33.

If you have not filed your 2022 tax return, use this procedure to view the Form 1040 -

Click on Tax Tools on the left side of the online program screen. Click on Tools. Click on View Tax Summary. Click on Preview my 1040 on the left side of the screen.

[MarilynG1]

Did you already Efile as Married Filing Jointly?  If so, did you owe the IRS?   If you did (and you are both working) you may need to change your W-4 Withholding with your employer(s).  

If you filed as 'Married Filing Separately' and you owed the IRS, you definitely need to change your W-4 at work.  

The IRS doesn't know how you filled out your W-4 forms at work, but if you owe them at tax time, then one (or both) of you didn't have enough tax withheld on your pay.  

If you both file your W-4's as 'Married Filing Jointly' then you should not owe the IRS. 

Here's some detailed info on Filling out Form W-4 to help you. 

[orest_shchur]

Hi @MarilynG1 ,

Thanks for your response. All of those are very valid questions. 

I did file as "Married filing jointly" and I was going to update my W-4 on my employer's ADP website.

However, we are resident aliens, so it says we can file separately only. Is that right?

During the previous 2 years (2020-2021) I filed "Married filing jointly" as my wife hasn't had any income. However, last year (2022) she had. So this is the first time for us to file jointly when both are employed. So I'm a bit confused...

[MarilynG1]

Yes, you can file as Married Filing Jointly if you were both Resident Aliens in 2022. 

If you are both working and having the correct amount of Federal Tax withheld on your pay, you will be fine.  

When you previously filed as MFJ and your wife had no income, you had the advantage of the Standard Deduction for MFJ, which may have given a larger refund.  However, you will still have the Standard Deduction for MFJ when you both have income, which is why it's important to have the right amount of tax withheld through the W-4.

[orest_shchur]

I apologize, @MarilynG1. I meant NON-resident aliens. I was in hurry and made a mistake in my previous reply. So for non-resident aliens, should we file separately if we both worked in 2022?

[KrisD15]

Yes, you will each file 1040NR as Married Filing Separately. 

For your W-4, there are more choices than just Married or Single. You might also indicate that you would like ADDITIONAL tax withheld as a dollar amount so that enough tax is withheld throughout the year.  

[orest_shchur]

I found I can be qualified as a resident alien if I pass substantial Presense Test:

Substantial Presence Test

You satisfy the substantial presence test, and are therefore treated as a resident alien for a calendar year, if you have been physically present in the United States on at least:

• 31 days during the current year, and
• 183 days during the 3-year period that includes the current year and the 2 years immediately preceding the current year. To satisfy the 183-day requirement, count:
  • All of the days you were present in the current year,
  • One-third of the days you were present in the first year before the current year, and
  • One-sixth of the days you were present in the second year before the current year.

https://www.irs.gov/taxtopics/tc851#:~:text=183%20days%20during%20the%203,before%20the%20current%20y...