I need to file a 1040x on my 2005 returns, do I need to file my 1040 first?

Question

My wife and I were going to file as Married Filing Seperately on our 2005 Tax Returns. She has alfeady filed and received her refund long ago. I have yet to file. I was able to find out later that our refund would be much greater if we filed jointly. I understand this can be corrected with a 1040x. Do I need to file my 2005 1040 first and then submit a 1040x later, or can I file them both at the same time?

Answer 1

Don't believe Wealth Builder. He needs a tax update class. Found out something interesting this summer when I went round and round with the IRS for a client. Same situation as you are in.We naturally filed a 1040X. After two months of going round and round with the IRS. I finally got an IRS rep who knew what they were talking about and she said I should have filed a 1040 orginal return for the husband and then filed a 1040X for the two together. Because an orginal return was never filed for the husband, the IRS kept entering the 1040X as an original return. It doesn't take much to confuse an IRS agent.

Answer 2

A 1040X is an amendment to an existing return. There has to be a return to amend. In your case, there have to be 2. You need to talk with a tax preparer, or the IRS to find out how you amend 2 returns into 1. I would have to research that, and I'm not in the mood.

Answer 3

You both must sign the amended return. There may be penalties associated with your failure to file a timely return. However, those penalties may be larger or smaller than if you first filed a separate return, depending upon the circumstances. The regulations imply that it is possible to file a joint return when one spouse was required to file, but did not file a separate return. In that case, for purposes of delinquency penalties, the return is deemed filed on the date the joint return is filed. Hence not only your return but your wife's may be deemed filed delinquently on that date. Her tax payments should be considered timely, however, if they were made with a timely filed return, so the only amount that is overdue will be the excess of the amount shown on your return over the amount paid with her return. Late filing penalties will apply as of the latter date.

This is complicated enough that you need to see a professional tax preparer.

Answer 4

You cannot file a return. She files the 1040X adding you as spouse. Add your income and expenses, too. One shot deal.

There are no penalties for late filing as she filed timely. Amending a return does not kick on late filing penalties. HOWEVER, if you jointly OWE, there are late PAYING penalties plus interest.

Tax Specialist

Answer 5

You connect the previous 1040 and the different schedules that regulate from the 1040X. as an occasion, in the adventure that your mistake wasn on itemized deductions, you may connect the 1040 and the schedule A. you does not connect, as an occasion, sched. B, C or D on account that they did not substitute. there's no new 1040, in simple terms the previous 1040 and the 1040x. bear in mind, you additionally can would desire to ammend your state return.

Answer 6

Actually, if she was the one who filed her return, and you did not, she is the one who can file the 1040x and save you the trouble of filing both....Good luck with your return :)