giogis245 Posted March 26, 2015 Report Share Posted March 26, 2015 Just checking in with you guys to make sure that you can amend MFJ to single or HOH... couple lived together and were self preparing their own returns on turbo tax, they were preparing them MFJ because they lived together but were not married and are not married currently neither. This year they came to me and I advised they needed to file separately, now can we go back to amend previous years? Thank yoU!! Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 26, 2015 Report Share Posted March 26, 2015 No way Jose. File correctly this year and final de la conversacion. Quote Link to comment Share on other sites More sharing options...
Jack from Ohio Posted March 26, 2015 Report Share Posted March 26, 2015 I was not aware that the definition of married had changed??? If they filed MFJ, you will need to amend twice changing each to single. Charge them plenty!! If they have not filed, be wary of taking them on as clients... 1 Quote Link to comment Share on other sites More sharing options...
RitaB Posted March 26, 2015 Report Share Posted March 26, 2015 ...now can we go back to amend previous years? Thank yoU!! Well, yes, and they have an obligation to do so. 2 Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 26, 2015 Report Share Posted March 26, 2015 (edited) I was not aware that the definition of married had changed??? If they filed MFJ, you will need to amend twice changing each to single. Charge them plenty!! If they have not filed, be wary of taking them on as clients... You cannot file as single after April 15 of the current tax year. So for sure you cannot amend 2013. File correctly this year and that's all you can do. That's by definition. Don't preach them, only prepare their taxes because that's what you were hired for. It is nice to see the old return in case they itemized deductions and they got a refund from the state, but each year you have to ask people, are you married, and blablabla. Based on that interview you file accordingly. What they did last year has no bearing on this year's reality. If they ask you, can you amend for us? The answer is NO WAY JOSE. Edited March 26, 2015 by Pacun Quote Link to comment Share on other sites More sharing options...
GeneInAlabama Posted March 26, 2015 Report Share Posted March 26, 2015 Does their state recognize common law marriage? In Alabama, if a couple files MFJ, they ARE married whether they like it or not, and if they separate, they have to file for a divorce. Quote Link to comment Share on other sites More sharing options...
RitaB Posted March 26, 2015 Report Share Posted March 26, 2015 You cannot file as single after April 15 of the current tax year. So for sure you cannot amend 2013. File correctly this year and that's all you can do. That's by definition. Don't preach them, only prepare their taxes because that's what you were hired for. It is nice to see the old return in case they itemized deductions and they got a refund from the state, but each year you have to ask people, are you married, and blablabla. Based on that interview you file accordingly. What they did last year has no bearing on this year's reality. If they ask you, can you amend for us? The answer is NO WAY JOSE.They have filed incorrectly, owe tax more than likely, and the question was can they amend? Well, of course they can amend to correct perjury. They are not married. They filed incorrectly. The poster is not trying to twist their arms. 3 Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 26, 2015 Report Share Posted March 26, 2015 They have filed incorrectly, owe tax more than likely, and the question was can they amend? Well, of course they can amend to correct perjury. They are not married. They filed incorrectly. The poster is not trying to twist their arms. Rita, darling, by definition from the IRS, you cannot amend. I have been that route a couple of times. I have a couple that immigration was forcing them to amend and IT CANNOT BE DONE. The statue of limitations is April 15 of the current year. Yes, that's the correct word, the statue of limitation to change from MFJ to ANY OTHER filing status is April 15. Congress will have to change that in the near future. So, when you have this situation, please don't preach the tax payer, just do it correctly. Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 26, 2015 Report Share Posted March 26, 2015 Common law marriage is a very interesting subject. Gene brings up a very good point, when you work on a state that accepts common law marriage, you have to be careful if you decide to file married filing jointly. By doing that you are becoming a judge and you just married a person to a certain degree. So, I normally go with their civil status and if they want to start filing MFJ, I suggest an extension until April and to go to the courthouse to get married. If they are willing to do that, I can file the previous year as a common law marriage (MFJ). Quote Link to comment Share on other sites More sharing options...
RitaB Posted March 26, 2015 Report Share Posted March 26, 2015 (edited) Rita, darlingWell, if you put it that way... Edited March 26, 2015 by RitaB 3 Quote Link to comment Share on other sites More sharing options...
Abby Normal Posted March 26, 2015 Report Share Posted March 26, 2015 You can't amend from joint to separate after 4/15 or extended due date, but if joint was an error, you can amend anytime you want. 4 Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 26, 2015 Report Share Posted March 26, 2015 You can't amend from joint to separate after 4/15 or extended due date, but if joint was an error, you can amend anytime you want. That's the funny part... the regulations don't say "if joint was an error", you can amend. It says that it cannot be done and nothing else. In any event, can someone do a "little" (I should say huge) and post something to that effect or to the contrary. Quote Link to comment Share on other sites More sharing options...
RitaB Posted March 26, 2015 Report Share Posted March 26, 2015 (edited) Well, sweetie I can be as contrary as the next guy, and I did find in the Instructions that one purpose of Form 1040-X is to correct 1040. They filed incorrectly. They need to correct 1040. They're not trying to amend MFJ to MFS, they're not married. They're single.http://www.irs.gov/pub/irs-pdf/i1040x.pdf Edited March 26, 2015 by RitaB 3 Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 26, 2015 Report Share Posted March 26, 2015 If married, you cannot amend from MFJ to MFS after 15 April. (You can amend to go from MFS to MFJ at any time.) If you filed with an incorrect status, you HAVE to amend. They have to amend to Single, or HOH if one of them qualifies. From CCH Tax Prep Partner (not sure if "may file" gives you an out or not: 1085Changing Filing Status After a Return Has Been Filed An election to file a joint return is generally irrevocable. Once a couple files a return, they cannot choose to file separate returns for that year after the due date of the return. However, there are a couple of exceptions to this rule. When a couple files a joint return but subsequently determines that they were not entitled to file a joint return, they may file an amended return to change their filing status to single or head of household, whichever is appropriate. This may happen, for example, if the person who presided over the "marriage" ceremony was not authorized under state law to conduct weddings or if the marriage was subsequently annulled ( Rev. Rul. 76-255). 2 Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 26, 2015 Report Share Posted March 26, 2015 But, the Rev. Rul. that was cited uses the word "must": Marital status: effect of annulment or divorce.– Taxpayers, who were married during a taxable year and filed a joint return for that year, and whose marriage was annulled in the year following their marriage were single individuals at the close of their taxable year and must file amended returns. Other taxpayers, who had been married for 10 years, who determined that for income tax purposes it would be advantageous for them to be unmarried at the close of their taxable year, obtained a divorce in a foreign jurisdiction at the end of that year, and intended to and did remarry each other in the first month of the following year were married at the close of their taxable year for purposes of sections 143 and 6013 of the Code. Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 26, 2015 Report Share Posted March 26, 2015 It seems the "no amendment" after 4-15 comes from many facts. It could be a nightmare when people get divorce and one of them want to amend their MFJ return for the past 3 years. I guess Lion found something that I have been looking for that is closely to the situation at hand, but all of them refer to annulment of marriage, which is not the case here but that rule could be applied. Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 26, 2015 Report Share Posted March 26, 2015 By the way, YOU do not have to prepare amendments if they do not request it of you. You DO have to tell them what they did wrong and how they SHOULD fix it. I probably would put that in writing and ask them to sign it to CYA. Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted March 27, 2015 Report Share Posted March 27, 2015 Pacun, it is not that your cite was wrong, rather you were reading it wrong. the key part you ignored is the very start. "Taxpayers, who were married during a taxable year and filed a joint return for that year," Giogis was asking about a couple who were NOT EVER MARRIED. Thus you are not 'electing' between two legal options, you are correcting a filing status they were never entitled to use. 3 Quote Link to comment Share on other sites More sharing options...
Terry D EA Posted March 27, 2015 Report Share Posted March 27, 2015 I gotta stick with KC and Lion on this one. Also the clients should request to amend and they don't have to if they choose not to. However, it is the right thing and I like the idea of documenting this and having them sign that you advised them to amend the returns. 1 Quote Link to comment Share on other sites More sharing options...
Gail in Virginia Posted March 4, 2016 Report Share Posted March 4, 2016 I think this is the post that Pacun remembered about amending from MFJ to MFS, and Lion seems to have posted the best cite. Quote Link to comment Share on other sites More sharing options...
Jack from Ohio Posted March 4, 2016 Report Share Posted March 4, 2016 Although my current answer does not fit the OP, it is correct about amending returns for married folks. Quote Link to comment Share on other sites More sharing options...
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