Discussion:MFS and MFJ - Amend Return

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Discussion Forum Index --> Tax Questions --> MFS and MFJ - Amend Return

JCCPA (talk|edits) said:

25 May 2007
Hi All:

Client's spouse ALREADY filed MFS this year, therefore client must also file MFS. Client started a new business during the tax year and therefore would have qualified for the Earned Income Credit. Recommedation has been made to Client to amend husband's return and change to MFJ and file jointly with Client. Has anyone come across a situation similar to this where you are not allowed to now file an amended MFJ return after spouse has already filed as MFS?

Thanks in advance.

WesR (talk|edits) said:

25 May 2007
Hi a married couple who filed separate returns may switch to a joint after the due date if the joint return is flied within 3 years. The 1040x instructions tell you how to file the amended for the spouse who has filed and how to include the non filed spouses income and deductions. bye

JCCPA (talk|edits) said:

25 May 2007
Thank you, Wes. Yes, I think that was how I read the instructions and I was looking to see other interpretations!

Taxref (talk|edits) said:

25 May 2007
There's no problem going from MFS to MFJ. Its MFJ to MFS which is restricted.

JCCPA (talk|edits) said:

25 May 2007
Thanks, Taxref. 2006 - spouse filed MFS and Client has not yet filed. Therefore we are going to amend spouse's MFS return to be MFJ with Client included.

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