Amending Tax Return?

Question

In 2002, my husband got hit by a drunk driver on his motorcycle and was in ICU for weeks. His medical expenses were so high. He did not file his taxes for that year and in 2003 b/c he was so messed up from his accident. Then, later that year we met and in 2004 I went with him to file his taxes for all 3 years. At the time, I was not aware of being able to deduct his medical expenses. Am I able to file amended returns for those years, or is it too late?

My husband is now in the military and we re away from home until May. All of our belongings and files are in storage in another state. Can I file an extension for time to amend 2003's tax return b/c i can't remember at the top of my head how much we paid in medical expenses and attorney fees.

Answer 1

It would be too late to reclaim any refund for 2002. You have 3 years from the filing deadline to file an amended return. You can file as far back as 2003. Did he pay for his medical bills in 2003? If so, he can amend that years tax return.

Answer 2

You can file amended returns. For tax year 2003, you can only get a refund if it's filed by 4/15/07, so you'll have to hurry. It's too late to get a refund for 2002 if one would have been due from an amended return.

Expenses are claimed in the year they were paid, so if there were expenses from 2002 that didn't get paid until 2003, you could still get the refund for them. Note that if a bill is put on a credit card, it's considered as being paid when it's charged to the card, not when the card is paid off.

Answer 3

You have three years from the due date (or extended due date if you filed for extensions) *OR* two years from when the tax was paid. If he received a refund on his 2002 return then you are past the statute of limitations.

Answer 4

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