My ex and I divorced in 2006. The judge ordered that we file jointly for 2005. My ex didn't want to do that, so we filed separately. We also claimed the same kids. I got a letter from the IRS asking me to re do the tax (1040X) w/o the claims. I have already paid $2500. Now it will be another $1500 to $1800. Can I re submit the 2005 tax and re file jointly ?
Thanks
2007-02-25 03:35:03 · 4 answers · asked by wahrana 1 in Business & Finance ➔ Taxes ➔ United States
If your ex is amenable to that, yes, you can amend to file jointly. But she would have to sign it too.
2007-02-25 03:48:34 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Your first mistake was both claiming the kids. Your second mistake was not doing as the judge ordered. If you file seperately, each child can be claimed only once. If you have 2 kids, you each should have claimed 1. Financially, you probably should have filed jointly, even though your ex didn't want to. You can file an amended return for 2005 if your ex agrees, but you should consult a professional at this point, before it gets any more complicated.
2007-02-25 03:50:53 · answer #2 · answered by crazydave 7 · 1⤊ 0⤋
Yes, you can amend those returns and file jointly. You can always change your status from separate to joint but you can't change from joint to separate after the filing deadline for the return.
Of course, you've learned that you can't both claim the children. Refile an amended joint return (as the judge told you to!) and you'll be in a much better place financially.
If your ex doesn't want to, just show the court order to do so and threaten to force the issue.
2007-02-25 04:01:45 · answer #3 · answered by Bostonian In MO 7 · 3⤊ 0⤋
The married filing separately status return can be amended to married filing jointly. You and your ex would have to file together and amend both returns.
2007-02-25 03:45:27 · answer #4 · answered by ninasgramma 7 · 1⤊ 0⤋