My yearly angst....

Not sure whether the consensus is I can or cannot take my wife off my taxes.

If I were getting divorced....would I have to ask permission to take my wife off my taxes?

You’d need to revoke in writing, stating you and your spouse have divorced. You’d then File as single. You or your wife can revoke the election for any reason at anytime, she can’t ever rejoin though.

Your spouse was a resident alien until 2015. From the 2016 US return (the first year she was a non-resident alien) you could only have filed jointly if you both signed in ink an election under IRC Section 6013(g) electing to file jointly.  If no such election was attached to the 2016 US return, the filing status used was invalid for 2016, 2017, 2018, 2019, 2020 and 2021. I usually find this IRS guide quite helpful: https://www.irs.gov/pub/int_practice_units/JTO9431_02_09.PDF

Great info, so just 6 amended returns with that signed document included? Any penalties since the amount of tax owed would not change?

Think I will just close my eyes and fill the 2022 form out as married/separate.......ignorance is hopefully bliss.

Great info, so just 6 amended returns with that signed document included? Any penalties since the amount of tax owed would not change?

It is possible to amend the past 6 years from MFJ to MFS. This is a common strategy used by lawyers where faced with substantial penalties in similar circumstances. Because of the risks here, I wouldn't however do this without legal advice.

Just got off my butt to finish the 1040......If I have things right, all I need to do is send in...
1. 1040 form
2. Form 1040V and check to cover the $383 I owe.

FBAR- I can do online

FATCA- Here is the big question. Only 2 accounts (joint) with my name on them. If I only have to declare 50% of those, I'll be under the $200,000 limit (married/separate filing) to have to fill out the FATCA. Would I still have to fill out FATCA?

FATCA- Here is the big question. Only 2 accounts (joint) with my name on them. If I only have to declare 50% of those, I'll be under the $200,000 limit (married/separate filing) to have to fill out the FATCA. Would I still have to fill out FATCA?

I don't think it matters that it is a joint account. If you have signatory authority on it then the highest balance is what is reported, not half of it.

I don't think it matters that it is a joint account. If you have signatory authority on it then the highest balance is what is reported, not half of it.

Poop.....I was hoping. Thanks.

Poop.....I was hoping. Thanks.

Sorry to give you the bad news

Even if you were one of several folks who had authority over an organization's account, such as the local scout troup, rambler's club etc, you would have to report the max balance on FBAR and FATCA.

Just got off my butt to finish the 1040......If I have things right, all I need to do is send in...
1. 1040 form
2. Form 1040V and check to cover the $383 I owe.

FBAR- I can do online

FATCA- Here is the big question. Only 2 accounts (joint) with my name on them. If I only have to declare 50% of those, I'll be under the $200,000 limit (married/separate filing) to have to fill out the FATCA. Would I still have to fill out FATCA?

Wouldn't you need to file a Form 8938 too?

Wouldn't you need to file a Form 8938 too?

Yep....that was the huge pile of papers I was looking at when I posted. It's not hard....it's just busy work. Addresses of banks etc......I'd rather eat dirt.