Amended 1040

[josephnj]

What is the name of your state (only U.S. law)? NV/NJ

Hello,

Wondering if our 2009 Federal tax can be amended, in order to change our filing status from married filing jointly to married filing separately, as we lived in 2 separate states?

Is this allowed (the 1040X form seems to say no)?

If it is allowed, then we hope to be able to file an amended state tax (non-resident) return to recoup nj state taxes paid since I was a nv resident.

Thanks!
p.s. I may be posting a follow-up question related to above.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? NV/NJ

Hello,

Wondering if our 2009 Federal tax can be amended, in order to change our filing status from married filing jointly to married filing separately, as we lived in 2 separate states?

Is this allowed (the 1040X form seems to say no)?

If it is allowed, then we hope to be able to file an amended state tax (non-resident) return to recoup nj state taxes paid since I was a nv resident.

Thanks!
p.s. I may be posting a follow-up question related to above.What is the name of your state (only U.S. law)?

No you cannot. The deadline for amending a 2009 federal tax return from married filing jointly to married filing separately was 4/15/2010.

However, that does not necessarily mean that you cannot amend the NJ state return. That would depend specifically on NJ state tax law. Therefore you should consult a tax professional familiar with NJ state tax law. Most states do have provisions in the law for situations where one spouse is not a resident of the state.

 

[OHRoadwarrior]

Interesting. I have paid taxes to other states than my wife. You simply provide explanation of differing residency AND copy of return for other state showing payment of spouses taxes, usually. Problems could arise if income was apportioned/paid to the wrong state though.