my spouse and I were separated and she filed as head of household while I didn't file at all. I know that this was incorrectly done and I need to know if it can be fixed.
2007-05-23 14:33:07 · 7 answers · asked by th3w4cko 1 in Business & Finance ➔ Taxes ➔ United States
You should have filed before April 17th in some fashion in your name. You're late now.
You'll have to include a copy of the incorrect H.of Household return (&refund check if she got one) with the amended return showing you want a change in filing status. Expect to be audited due to the change.....so be sure the new return will not be questioned. You may want to drop into your local IRS office to get all this paperwork if your doing it yourself.
If you are still separated and she refuses to help you fix this, than contact a tax advisor.
2007-05-23 14:51:17 · answer #1 · answered by wow 4 · 0⤊ 1⤋
No, once the filing deadline has passed it's not possible to amend a joint return to separate returns. You are both liable for the entire amount of the taxes due when a joint return is filed and the IRS will continue collection actions from both of you until the bill is paid in full. While an annulment would work as noted by another poster, you would have to amend EVERY joint tax return you ever filed in that event, not just 2006's. Depending upon how the numbers work out, that could result in a much greater tax liability for you in the long run. It may be possible to petition for Innocent Spouse Relief if the facts support your claim that there was no way that you could have been aware of your husband's financial and tax issues and that a prudent person would not have been aware of them. That's a difficult standard to meet. If you think that that might apply to you, you should consult with a local tax attorney, CPA or EA who specializes in this type of case.
2016-05-21 05:18:23 · answer #2 · answered by juana 3 · 0⤊ 0⤋
The short answer is yes, you can amend the return to married filing jointly.
But you didn't mention how long you've been separated. If you haven't lived with your spouse since June 30, 2006 and she provides more than 50% of the support for the household that includes qualifying children, then she is entitled to file as Head of Household. This is considered Unmarried for Tax Purposes. If this is the case and she doesn't want to amend, the you have no choice but to file as Married Filing Separate.
Here is a link to the instructions for 1040. Go to the section on Filing Status.
http://www.irs.gov/pub/irs-pdf/i1040.pdf
2007-05-23 18:35:10 · answer #3 · answered by Mark S 5 · 1⤊ 0⤋
Check with a tax professional, especially if you recieved the earned income credit, that could be a bit messy. But you can always amend, you just may have to pay a fine or fee or something.
2007-05-23 14:38:57 · answer #4 · answered by SINGLEMOM4 3 · 0⤊ 1⤋
You should be able to file a joint return, but there may be late filing penalties for one or both of you.
2007-05-23 15:01:53 · answer #5 · answered by TaxGuru 4 · 0⤊ 0⤋
Yes it can - you just can't file joint originally, then amend it to file separately.
2007-05-23 16:10:26 · answer #6 · answered by Judy 7 · 0⤊ 0⤋
Join the grassroots movement to get the Fair Tax passed and you won't need to worry about our complex , broken tax system that has been amended 22 times and no one can understand it.
2007-05-23 15:23:31 · answer #7 · answered by Anonymous · 0⤊ 2⤋