Question about amending 2010 tax return.

[NotSoFair]

I filed HoH although we were married and spouse didn't file because he is a non-resident alien.

But I figured I will be able to get a refund if I filed MFJ. His foreign earned income was very less and there won't be any change in AGI.

My first question is, can I file an amended federal return with a change in filing status to claim a refund? If I can, do I also have to file the State returns although there is no change in AGI?

Thanks

[mwcpa]

one can amend a tax filing and change tax status from married filing separate to married filing joint, but to do such the non resident alien spouse MUST include worldwide income on the federal tax return.

from IRS publication 519 on the subject

"You generally make this choice when you file your joint return. However, you can also make the choice by filing a joint amended return on Form 1040X. Attach Form 1040, Form 1040A, or Form 1040EZ and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice."

In regards to your state income tax, every state has their own unique rules and regulations, but many states piggy back the federal system, you may be required to have prepared and file an amended state return.

[NotSoFair]

Thanks. I may get a refund of $400-$500. I don't know if it is worth the pain.

[mwcpa]

"I don't know if it is worth the pain"

It is your 400-500, given the facts as you detail them (a spouse who make no money) I would think 400-500 is worth the effort, it should take less than 2 hours of your time to prepare this.....

[NotSoFair]

I usually get it done through a firm. I've several schedules and two state returns to file. I guess I will also lose the EIC because we will be filing foreign income exclusion. Or at least that's what the EIC calculator tells me.

[mwcpa]

if you lose the EIC but gain an extra 400.00 tax refund why give it up..... claim EIC get 0.... do not claim EIC get 400....... seems like a no brainer.....

any reason the "firm" did not discuss options and planning opportunities... or are they just pencil pushers.....