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    starjets's Avatar
    starjets Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jun 20, 2014, 04:34 PM
    Expat amending tax return
    Here it is :

    I am a US expat working and living in Asia.
    I have filed my tax returns under "married filing jointly " and using the Foreign earned income exclusion .
    I have just discovered that I received a terrible advise because my status can benefit from a total exemption under an international tax treaty .
    Am I authorised to amend my tax return and refile under "married and filing separately " and use the international tax treaty and my wife filing separately as well and using her foreign earned income exclusion ?

    Thank you for your response
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jun 21, 2014, 05:18 AM
    Once you file a JOINT tax return and the initial filing deadline passes, you CANNOT change your mind to file Married Filing Separately. The joint filing decision is IRREVOCABLE.

    Now, a married couple can each claim the Foreign Earned Income Exclusion using Form 2555 in that joint return, provided each spouse has income that was earned under his/her name. If you failed to exclude your wife's earned income, you can go back and amend your 2011. 2012, and 2013 tax returns to make that exclusion.

    The statute of limitation prevents you from amending the returns before 2011.

    If you need professional help with this problem, you can email me ąt the email address in my profile.
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