Discussion:How do I amend a single return to married filing jointly?
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Discussion Forum Index --> Tax Questions --> How do I amend a single return to married filing jointly?
| 28 February 2008 | |
| A client got married in 2007 and his wife filed a return for 2007 as "single" and already received the refund. I want to file them as married filing jointly...and obviously she cannot file as single since she is married. Any advice on how to do this? | |
Wkstaxprep (talk|edits) said: | 28 February 2008 |
| I'm not 100% sure if this is correct, but it would seem to make the most sense to amend the wife's return by zeroing out the original amounts (corrected column should equal zero) and paying back the refunded amount on the amnneded return, and then just file the husband and wife as married.
This may take some time. 1.) wait for wife's single return to be processed and refund issued 2.) prepare and file amended return to zero out wife's single return and pay back the refund. 3.) after amended return is processed then file the original married return. I'm not sure if this is 100% technically correct, but i believe it is an accurate and honest way of filing the returns. Will | |
| 28 February 2008 | |
| you don't really have to wait for single return to be processed, but obviously it is easier to pay back the money if you just send the uncashed check back.
You don't really have to wait for amended return to be processed to to file joint return, but doing so will probably allow e-file joint. | |
Death&Taxes (talk|edits) said: | 28 February 2008 |
| I do think waiting is good, or if efiled, acknowledgment is in hand. Amended a return once before IRS had processed the first, and there was an error on the first, so that when the amended arrived, IRS could not identify the numbers we were amending. Admittedly, this was when returns were done by pen and paper, but.....it did cause an audit. | |
| 28 February 2008 | |
| It's been awhile since I've done one but I don't think you amend her return. Just file an amended return using MFJ status. At least that is how I recall doing it when one person had already filed MFS and the other spouse had not yet filed their return and they then decided to file jointly.
Then again I may have this all mixed up. | |
| February 28, 2008 | |
| You sure won't be able to efile until/unless her old return is dealt with, but I seem to recall doing one as DDoshan suggests as well. In ProSeries, what I'd try to do is open her single file, open the 1040X, go back and switch to MFJ, add the spouse and all his data and see what you get. I believe it would work fine without having to do two separate things or reentering her info into a new file. | |
Wkstaxprep (talk|edits) said: | 28 February 2008 |
| Ddoshan,
keep in mind, the original was filed as "single" opposed to MFS, which complicated this tax issue. MFS would be more straightforward to amend to MFJ. | |
| 28 February 2008 | |
| Just had a similiar client situation. New husband filed with storefront operation as "single", HOH, got huge EIC. I advised filing amended return for him changing to joint and returning difference in refund with amended return. Then they asked how IRS knows they are married (even though she acknowledged she had notified SSA). Couldn't they both take HOH (more dependents exist). I said if it was another preparer they could probably get away with it, but that I already knew they were married and living together. Last night they picked up their W-2s to take to the storefront guy. | |
| 28 February 2008 | |
| JR1 may be right, as you are simply amending the first return which listed the primary SSN, and the amended return would still list the same primary SSN, with the spouse added. This makes more sense then doing two. IRSfxer or Skasslea would know the answer to this, maybe they will weigh in. | |
| 28 February 2008 | |
| After reflection I still think you do not amend her return. | |
Wkstaxprep (talk|edits) said: | 28 February 2008 |
| might make sense to do it the shorter way but in the long run i think better off doing it in 3 simple steps, so that the IRS doesn't get confused, have to remember from their point of view they dont know the whole history of what transpired.
thats why i would first amend the original single return and pay back the refund (after original single gets processed) and then proceed to an original married join return. | |
Scottycoyote (talk|edits) said: | 28 February 2008 |
| yeah like jr1 said you just amend her return to add him, show her refund as already recieved and go from there. Seems lot easier than trying to do it the other ways.... i had a similar situation this year where she filed separate then decided to file a joint return with him. | |
| 28 February 2008 | |
| I believe it is all taken care of when you file the amended return to reflect them now MFJ. On amended return her name would be shown first as she is the only one that has filed as yet. Her filing status will show as having filed single on the original return changing to MFJ on the amended return.
Follow on thru and on line 19 it asks for overpayment shown on original return. That is where her refund would be entered. I feel reasonably certain that you would not want to first try and amend her single filed return (I don't think the IRS wants you to either) and then file an amended return with husband as MFJ. Think of the mess you would then have to try and explain. In the IRS instructions they say to do it this way for a couple where one party has filed MFS and the other party has not yet filed and they want to now file jointly. I don't see any reason why the same theory would not apply to this situation where the wife incorrectly filed as single. But I won't bet my life on anything. | |
| February 28, 2008 | |
| Yep, you're free to do what you want, but this will work, and does it correctly. You're marking the 1040x as changing from single to MFJ, so that'll be real obvious to IRS. And the refund will show up properly, and then adjusted depending on how the joint comes out. Simple. | |
| 28 February 2008 | |
| JR1 way is much simplier and easier, unless the wife did the return elsewhere, and here you are cleaning the mess. If you did her return, then easy enough to deal with, or you have to prepare a whole return all over again.
If tps come to me for amended, I would say come back after 4/15th :), or I have to charge alot...heheh! | |
