Grimlight_TEC
Level 1

tl;dr: Given the specific wording "first tax year", should the W-7 be filed with: a) the amended 2019 return; b) the original 2021 return; c) the amended 2019, amended 2020, and original 2021 returns mailed simultaneously together; or d) none of the above?  Relatedly, does filing the W-7 with the 2021 return implicitly preclude amending 2019 and 2020?

Fact pattern:

  • According to Pub. 519, to make the election to treat a nonresident spouse as a resident, you must "[a]ttach a statement, signed by both spouses, to your joint return for the first tax year [emphasis added] for which the choice applies." Source: https://www.irs.gov/publications/p519#en_US_2021_publink1000222193
  • Client intention to file W-7 with 2021 return (currently on extension).
  • Client has been married since 2019.
  • Spouse has never entered U.S (married on foreign soil).
  • Spouse had no 2021 income (need to verify 2019 & 2020).
  • Prior returns were filed as single.
  • Client would like to amend previous returns for accuracy and for MFJ tax benefit.
  • Client is aware of downstream implications regarding election, and necessity of election statement.
  • Spouse has not filed with SSA for SSN.

My advance thanks to the community!

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