I got married outside of the US to a foreign national. I lived and worked in the US up until August of last year then left the US to move to my husband's country. My parents filed my tax claim in my absence but they filed me as single instead of married. I've already received my return and wasn't audited but I'm wondering if there is any way the IRS could find out that I filed mistakenly and if I could be penalized for it (i.e. when I send them a copy of my marriage certificate in order to have my last name updated in their records). Thanks in advance.
2007-08-07 14:45:25 · 7 answers · asked by Double 709 5 in Business & Finance ➔ Taxes ➔ United States
You need to file an amended return. Since you were married, you cannot file as Single. Unless your non-resident alien husband agrees to have his income taxed by the US as well, you must file as Married Filing Separately.
Get a copy of Form 1040-X and file the amended return. You will be facing penalties and interest on any tax due and these will continue to mount until you file the amended return and pay the tax due.
The mere fact that you have not been audited YET means nothing. The IRS has until April 15, 2010 to audit your 2006 return.
2007-08-07 17:42:43 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
It is unlikely that you owe additional tax. If you have no children and you elect not to include your spouse's income on your return, your taxes are identical to your filing as "married filing separately."
In order to file "married filing separately" you spouse will need an ITIN. So when you get that, file an amended return in order to change your filing status. Unless you received the Earned Income Credit or a few other types of tax benefits, your taxes will not change and there will be no fine or penalty.
2007-08-08 11:24:57 · answer #2 · answered by ninasgramma 7 · 0⤊ 0⤋
You need to file an amended return, 1040X, and change filing status from single to married. You will have to paper file the amended return as it cannot be e-filed. You will probably also have to file an amended state return as well. Go to www.irs.gov and you can download the 1040X as well as any other forms you will need.
2007-08-07 22:58:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Filing single only means you got less money back than you might have filing married... Call the IRS help line and ask them if you should re-file... you may get more money back OR you may have to claim your spouse's income (if he made any in the USA) and owe money? They will not "make" you file married so no harm in asking them which would be a better status for you.
2007-08-07 21:52:23 · answer #4 · answered by ANGEL Baby 3 · 1⤊ 2⤋
Tell them you were single when you filled out the application, but recently got married. "It was an honest mistake."
2007-08-07 21:50:02 · answer #5 · answered by acrumble05 2 · 0⤊ 1⤋
Amend your taxes.
2007-08-07 21:49:11 · answer #6 · answered by Gary 5 · 2⤊ 0⤋
you have gotten good advise, amend your taxes.
2007-08-07 23:03:08 · answer #7 · answered by drgnotary 3 · 0⤊ 0⤋