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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13344
Experience:  15years with H & R Block. Divisional leader, Instructor
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I filed my 2010 tax Single head of household. Although I was

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I filed my 2010 tax Single head of household. Although I was married, my wife was out of the country and not yet a legal resident, and did not have a SSN. Can I amend my 2010 taxes to file as married? Which part of the tax code covers this situation?

Thanks

Robin D :

Hello and thank you for using Just Answer,

Robin D :

A taxpayer may file an amended return to change the filing status claimed on the original return. Changes may involve the following:





  • From Married Filing Separate (MFS), Single, or Head of Household (HOH) to Joint




Robin D :

If you were to file the 1040X and amend your 2010 return to joint your spouse would need to include their worldwide income.
If you make this choice, you and your spouse are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages.

Robin D :

Attach a statement, signed by both spouses, to your joint amended return for the first tax year for which the choice applies. It should contain the following information:



  1. child" style="margin: 0px 0px 0px 20px;padding: 0px;border: 0px;font-size: 13px;font: inherit;vertical-align: baseline;list-style: decimal;">A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year

  2. The name, address, and identification number of each spouse.

Robin D : 26 C.F.R. § 1.6013-6 Election to treat nonresident alien individual as resident of the United States
Customer:

Where can find this information in the tax code? I just want to put my hands on the aupporting reference. Thanks

Robin D :

I listed the IRC above

Customer:

Ah, ok thank you very much!

Robin D :

Your positive rating is always thanks enough.

If you could also participate in the very short survey that Just Answer will send you by e-mail I would appreciate that very much.

Robin D :

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Robin D :

You appear to be entering and leaving numerous times.

Customer:

I clicked Save & Exit

Customer:

Ok I see. How do I save your response?

Robin D :

It is saved automatically under My Questions when you log back in.

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