Can I amend a return to change status from single, to married filing jointly? I filed as single as I did not have an ITIN for my spouse at the time of filing, but do now.

[breaker581]

I plan on mailing the ITIN W-7 form with my original 2021 tax return to obtain the ITIN needed for my foreign non-US citizen spouse. Once I have the ITIN, then I plan to amend the tax return from 'single' to 'married, filing jointly'.

I understand that there are a few other ways I could have done this, such as filing by mail and sending the ITIN W-7 form along with the return, but wanted to verify that filing an amended return with the ITIN would work as well.

[bluedeb · Accepted solution]

Where the Internal Revenue Service is concerned, you're either single or married – you can't be both. If you're married, you can't file as a single taxpayer, and if you're single, you can't file as a married taxpayer. 

You are filing a return that is basically wrong.  You cannot file as Single, you can file as Married Filing Joint or Married Filing Single (you will still need your spouse's information, so you cannot e-file).   If you have not mailed your return yet, the best way is to mail in your return as Married Filing Joint along with the ITIN application.

[LoganathanB]

Yes, you can amend the tax return to change the filing status from single to married filing jointly.

You can prepare an amended return and send it along with the ITIN application.

If you are applying for ITIN for your spouse, she should be on the tax return. 

The IRS will need the original documents relating to ITIN to be attached for verification or get the documents certified by a Certified Acceptance Agent or get an appointment from the nearest IRS office and get the documents verified.

@breaker581  [Edited 03/28/22|11.28 am PST]