Margaret CPA in OH Posted February 18 Report Share Posted February 18 Clients (green cards, Argentinian, from earlier post) filed single in CT (she lived there) and MD (he lived there and each for federal despite having married in July 2022. I would like to amend their returns all around but there is no tax difference anywhere except for MD and the savings might be about $130. Of course they can choose to not amend or, say, do it themselves. I think paying me more than any possible savings will be a turn off. Amending will be challenging anyway as which would be the 'home' state when they kept separate residences until early 2023? For filing jointly, I don't see how to have a separate residence for each in 2022 although they now have a joint residence. They currently have ample funds and probably want to do the right thing. Am I missing something? Anything bad waiting in the wings if they choose not to amend? When applying for citizenship (their goal and they are research scientists), could that come back to bite them? Boy, I do get them, right? Quote Link to comment Share on other sites More sharing options...
Lee B Posted February 18 Report Share Posted February 18 Because they intend to become citizens, this probably needs to be handled correctly. Consulting a knowledgeable immigration attorney may be desirable. Quote Link to comment Share on other sites More sharing options...
Max W Posted February 19 Report Share Posted February 19 The clients have to be Green Card holders for at least 5 years, so they can't apply for citizenship until then. I would not be concerned about last year's return, but would be sure to file the MFS, or MFS from here forward. The citizenship process takes a long time, averaging 15 months. If they have only been here one year, then by the time they apply , they should have the last three years showing them as married. Quote Link to comment Share on other sites More sharing options...
KATHERINE Posted February 19 Report Share Posted February 19 Hi, if happens to my client, I will amend and file jointly or MFS. because married is married in US or not. especially will involve with USCIS. if we do it wrong, and delaying in their process, they might blame us. Thank you! 2 Quote Link to comment Share on other sites More sharing options...
Lee B Posted February 19 Report Share Posted February 19 I would file MFS using their residences in the 2 different states if that's possible. 1 Quote Link to comment Share on other sites More sharing options...
Slippery Pencil Posted February 21 Report Share Posted February 21 As Lee said above, have them contact their immigration lawyer. If they decide to amend, you can prepare a MFJ return with each a resident of different states. Taxwise, nothing bad waiting in the wings if they don't amend. If they get audited, state, "we didn't amend because there was no change in tax and the irs says don't bother amending if there's no change in tax". If the irs doesn't accept that explanation, amend at that point. Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 21 Report Share Posted February 21 On 2/18/2024 at 7:20 PM, Max W said: The clients have to be Green Card holders for at least 5 years, so they can't apply for citizenship until then. I would not be concerned about last year's return, but would be sure to file the MFS, or MFS from here forward. The citizenship process takes a long time, averaging 15 months. If they have only been here one year, then by the time they apply , they should have the last three years showing them as married. I like your answer. Why I feel that sometimes we make things harder on tax payers. Let it be the way it is. The states are happy, the clients are happy, the Federal is happy. Immigration couldn't care less for the state taxes... it is federal law that they represent or follow. As long as the Federal return is filed correctly (which it is in this case), they are OK. When I have filed my relative petitions, I just sent the 1040 and its meaningful schedules NOT the state returns. Quote Link to comment Share on other sites More sharing options...
Margaret CPA in OH Posted February 21 Author Report Share Posted February 21 Thanks for this information. They have been here since 2021 at least. I asked for only the last 2 years of returns so will have to confirm actual date/year of arrival. They did file single, correctly, for 2021 so likely only 2022 is an issue. I think I will advise again to amend 2022 and be done with it. Update: For some reason I didn't post this reply when I wrote it a couple of days ago. I discussed with the clients and they decided they wanted all 2022 returns amended. Pacun, the federal return was NOT filed correctly. They filed all returns as single although married in mid-year 2022. I have now amended the federal and state returns with no change in taxes although the joint MD return would have saved about $100. They chose to correct to MFS for all. I gave them the options. It's done, filed, accepted. Clients are satisfied and I am, too, knowing that they are all now correct. Thanks again! 1 Quote Link to comment Share on other sites More sharing options...
Pacun Posted February 24 Report Share Posted February 24 I miss read your past... sorry. Yes, you must have the federal return filed correctly all the time, with extra care when immigration papers are involved. Most of the time, people don't mind even if they have to pay extra taxes because they don't want to risk the "papers". 1 Quote Link to comment Share on other sites More sharing options...
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