Possible to amend past tax returns from single to married?

[tomrarndt]

What is the name of your state (only U.S. law)? Florida

I work for a US Corporation and file an annual tax return in the US. However, I telecommute and as a result have lived overseas for several years while keeping a primary residence in the US. In the meantime I have gotten married to foreign national. However, since she does not have a Social Security number I could never submit the tax return as married and instead filed as single. Now she is moving to the US and with her residence process completed, she will have a Social Security number.

Question is - Can I amend my past tax returns from single to married, once she has a Social Security number for the time we have been married?

Thank You

[FlyingRon]

What makes you think she needs a SSN to be listed / file tax return?
Non-citizen spouses can apply for an ITIN (use form W-7) which you use in lieu of the SSN on the forms.

[LdiJ]

Originally Posted by tomrarndt

What is the name of your state (only U.S. law)? Florida

I work for a US Corporation and file an annual tax return in the US. However, I telecommute and as a result have lived overseas for several years while keeping a primary residence in the US. In the meantime I have gotten married to foreign national. However, since she does not have a Social Security number I could never submit the tax return as married and instead filed as single. Now she is moving to the US and with her residence process completed, she will have a Social Security number.

Question is - Can I amend my past tax returns from single to married, once she has a Social Security number for the time we have been married?

Thank You

I agree with the other response that you received, you could have filed a joint return with your wife by obtaining an ITIN number for her.

However, that is water under the bridge. Yes, you can file amended returns for 2006, 2007 and 2008 to include your spouse. (assuming you have been married that long) Any year beyond that would be expired for a refund.

[davew128]

What's missing is that you are REQUIRED to file as married, either joint or separately. you ARE NOT SINGLE.

[LdiJ]

Originally Posted by davew128

What's missing is that you are REQUIRED to file as married, either joint or separately. you ARE NOT SINGLE.

Amending his returns to file married filing jointly will resolve that issue anyway.

[tranquility]

I agree with the previous posters. But, just to make sure, did you truly file as single or did you file as married filing seperately?