Filing Status Amendment?

[kms419]

What is the name of your state (only U.S. law)? San Francisco, CA

Hi, I like to get some help on my tax return and my parents as well. I just started doing my tax return myself instead of taking it to the professionals.

The case is I helped my parent file their tax return too this year, only my mom is working and my dad was disabled. So I put their filing status "Married Filing Jointly." Now the problem is I got rejected on my tax return. I filed Head of the Household so I can claim my dad. But it says I cannot claim my dad and have to pay some more taxes too. I later on found out from the accountant saying if the filing status is "Married Filing Jointly," the spouse automatic claimed the other person. Yet the instruction didn't mention anything about that. Otherwise I would've file my mom Single or Married Filing Separate. But since I filed my parent's return so early, my mom already got her refund.

Now I am wondering if I can change my parent's filing status now and let me claim my dad instead? What are the consequences? What forms should I use? What other things I need to do so I can claim my dad?

Thanks!

[TinkerBelleLuvr]

If you were considered married for part of the year and lived in a community property state (listed earlier under Married Filing Separately ), special rules may apply in determining your income and expenses. See Publication 555 for more information.

CA is one -
http://www.irs.gov/publications/p501/ar02.html#en_US_publink100041753

You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns.

[LdiJ]

Originally Posted by kms419

What is the name of your state (only U.S. law)? San Francisco, CA

Hi, I like to get some help on my tax return and my parents as well. I just started doing my tax return myself instead of taking it to the professionals.

That may not have been a very good choice.

The case is I helped my parent file their tax return too this year, only my mom is working and my dad was disabled. So I put their filing status "Married Filing Jointly." Now the problem is I got rejected on my tax return. I filed Head of the Household so I can claim my dad. But it says I cannot claim my dad and have to pay some more taxes too. I later on found out from the accountant saying if the filing status is "Married Filing Jointly," the spouse automatic claimed the other person. Yet the instruction didn't mention anything about that. Otherwise I would've file my mom Single or Married Filing Separate. But since I filed my parent's return so early, my mom already got her refund.

Now I am wondering if I can change my parent's filing status now and let me claim my dad instead? What are the consequences? What forms should I use? What other things I need to do so I can claim my dad?

Thanks!

Are you providing more than 50% of the cost of providing and maintaining a home for your father? If not, you are not "head of household". Are you providing the majority of your father's support, rather than your mother providing it? If not, then he is not your dependent.

Does your father receive any kind of disability income (ie SSDI)? Did you include that on their joint tax return? If so, again, its very unlikely that he could be your dependent.

If you are going to prepare your own return, and the return of another party, then you need to be thoroughly reading the instructions so that you have a better idea what you are doing.

[TinkerBelleLuvr]

With California being a community property state, it changes the "more than half-the-support" issue. I won't touch one of those returns with a ten-foot pole.

[LdiJ]

Originally Posted by Ginny J

With California being a community property state, it changes the "more than half-the-support" issue. I won't touch one of those returns with a ten-foot pole.

I don't mess with them either.

[tranquility]

To the specific question asked, no, you cannot amend filing status.

[kms419]

Yes I do provide more than 50% of support to the family, almost all the support actually.
Also, my mom make so little income that the company accountant have mentioned to her that she have an option not to file, it' not mandatory to file for her. But I file anyway just for the record.

So I took my return to the professional just now and have them look it over for me. They told me that my return is fine, probably it's because I filed my return electronically, that the system was unable to recognize that I met all the exception rules for claiming my dad even if he filed married file jointly. So all I have to do if mail in my return instead of filing electronically.

Thank you all for your information! I really needed some third party information to have a better knowledge on the situation. Once again, thanks!