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Filing Taxes Amend

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JLeon

New member
What is the name of your state?
Texas

Hello!

My wife and I got married February 2019. We filed taxes last year before we got married as single.
This year we have the option to file jointly married.

My wife accidentally filed as single, obtained her return.
Later we sent an amendment to change her filing to jointly with me.

We filed the amendment.
I have NOT filed anything else for my person.
I AM included in the amended return we sent.

I checked the status of the amendment online and it is still under review.
It was received and it says it takes up to 16 weeks to process.

My question:
Do I have to file as single in the meantime?
Do I just wait for the amendment to be processed?
Do I file as married jointly and include my spouse?
Am I breaking the law by not filing and waiting for the amendment?

Thank you!
 


Taxing Matters

Overtaxed Member
My question:
Do I have to file as single in the meantime?
No. And you cannot do that because you do not qualify to file as single since your status on 12/31/2019 was married.

Do I just wait for the amendment to be processed?
Yes.

Do I file as married jointly and include my spouse?
That is what the amended return is for. Don't file another married filing separate return. That will just risk causing confusion at the IRS and thus creating headaches for you.

Am I breaking the law by not filing and waiting for the amendment?
No. As long as the amended return is accurate and you both signed it that will suffice to meet your filing requirement. You don't need to do anything more.
 

zddoodah

Active Member
My wife and I got married February 2019. We filed taxes last year before we got married as single.
I assume you're talking about your 2018 taxes. Since you were not married at the end of 2018, you had no choice but for each of you to file as "single," even if you had filed after your marriage in February 2019.

This year we have the option to file jointly married.
You had the option of filing as "married filing jointly" or "married filing separately."

My wife accidentally filed as single, obtained her return.
I assume you meant "refund," not "return." The return is the thing you file. A refund is money you received after you file if your payments for the tax year exceeded your liability.

Later we sent an amendment to change her filing to jointly with me.
Did you do this on your own or with assistance from a tax professional?

Do I have to file as single in the meantime?
No. Your wife filing a return as "single" was inappropriate. Hopefully, your amended return was the correct way to fix that. You should not knowingly make the same inappropriate filing that she made.

Do I just wait for the amendment to be processed?
Probably.

Do I file as married jointly and include my spouse?
You said you already did that.

Am I breaking the law by not filing and waiting for the amendment?
No. However, if you filed the amended return without the assistance of a tax professional, it might be a good idea to consult with one before the July 15, 2020 deadline so that you can be sure that the amended return fixed everything. If you didn't do the correct thing with the amended return and wait until after the deadline, then you might have to deal with penalties.
 

JLeon

New member
First time using this forum, super impressed with response time!

We filed it using turbotax and sent out the amendment via mail.
It was received and it is being processed.
I will wait for them to process it now.

Thank you for answering my questions and alleviating my worries.

Thank you!
 

JLeon

New member
I assume you meant "refund," not "return." The return is the thing you file. A refund is money you received after you file if your payments for the tax year exceeded your liability.
Correct, Refund.

Did you do this on your own or with assistance from a tax professional?
TurboTax

No. Your wife filing a return as "single" was inappropriate. Hopefully, your amended return was the correct way to fix that. You should not knowingly make the same inappropriate filing that she made.
My bad, I meant "married filing separately" for her initial filing


Thank you for quick responses!
 

LdiJ

Senior Member
What is the name of your state?
Texas

Hello!

My wife and I got married February 2019. We filed taxes last year before we got married as single.
This year we have the option to file jointly married.

My wife accidentally filed as single, obtained her return.
Later we sent an amendment to change her filing to jointly with me.

We filed the amendment.
I have NOT filed anything else for my person.
I AM included in the amended return we sent.

I checked the status of the amendment online and it is still under review.
It was received and it says it takes up to 16 weeks to process.

My question:
Do I have to file as single in the meantime?
Do I just wait for the amendment to be processed?
Do I file as married jointly and include my spouse?
Am I breaking the law by not filing and waiting for the amendment?

Thank you!
You would be breaking the law if you filed another tax return while you have an amendment in processing.

By the way: Return = the document you file with the IRS. Refund = money you get back from the IRS.
 

Taxing Matters

Overtaxed Member
You would be breaking the law if you filed another tax return while you have an amendment in processing.
I disagree. There is nothing in the IRC that makes simply filing a return while another return for the same period is already in processing a crime. It can certainly cause the OP problems if he did it, however.
 

LdiJ

Senior Member
I disagree. There is nothing in the IRC that makes simply filing a return while another return for the same period is already in processing a crime. It can certainly cause the OP problems if he did it, however.
I was using his own vernacular to make the point that he shouldn't send in another return.
 

Zigner

Senior Member, Non-Attorney
I was using his own vernacular to make the point that he shouldn't send in another return.
No...no, you weren't. You specifically stated the OP would be breaking the law by sending in another return. Why can't you simply admit that you "misspoke"?

EDIT: Let's say someone was going to a place that was to the east and asked you if they could turn left at the intersection. Since turning left, while legal, would take them directly away from their destination, would you say "No, that's against the law", or would you say "No, that's the wrong way"?
 

PayrollHRGuy

Senior Member
EDIT: Let's say someone was going to a place that was to the east and asked you if they could turn left at the intersection. Since turning left, while legal, would take them directly away from their destination, would you say "No, that's against the law", or would you say "No, that's the wrong way"?
That assumes they were traveling North when they asked. :)
 

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