Discussion:MFS-Amend to MFJ

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Discussion Forum Index --> Basic Tax Questions --> MFS-Amend to MFJ
Discussion Forum Index --> Tax Questions --> MFS-Amend to MFJ

Chrish15 (talk|edits) said:

5 November 2009
I am on hold with the IRS, but have a question one of you might be able to answer. A spouse came in to file a MFS return she had a extension, as her husband had filed already a MFS return timely with another preparer. They live together, but the husbands preparer advised him it would save them to file a MFS return. I looked at both incomes and filing a joint return would save them $41.00. My question is the wife will owe if she files a MFS return now, and have a Failure to file of $295.00. If I amend the husbands and add the wife and her income would this clear the failure to file penalty. They would owe with the amendment, but they would only owe I&P rather than FTF penatly. Is this correct? Anybody have any advice. Thanks

R2 (talk|edits) said:

5 November 2009
The FTF penalty is based on the amount of tax required to be shown on the return. Thus, the FTF penalty should be abated if a joint return is filed.

Chrish15 (talk|edits) said:

5 November 2009
Alright, so can I amend the husbands MFS return to change to MFJ and add the wifes income and abate the FTF penalty even though she hasn't filed her MFS return. They will owe 1300.00 or so with the amendment plus P&I, $700.00 or so is from refund that the husband got when filing MFS that has to be paid back. WOuld this abate the FTF penalty for the wife just by amending and adding to husbands MFS return?

R2 (talk|edits) said:

5 November 2009
Yes.

Chrish15 (talk|edits) said:

5 November 2009
Thanks!!

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