HELP! Error on 06 tax return? Filing Status?

Question

For the year 2006 my fiancee and I lived apart, each with our own dependant child until Oct when we got married. Then we were married and lived together from Oct-Dec 06. We misunderstood the 6month rule for filing Head of Household and we BOTH filed this way. How can we calculate what we will owe the IRS when we amend to Married Filinf Jointly?

Answer 1

Redo your tax return, as married filing joint, The difference between your total tax on the joint return and the total of the tax on the 2 separate returns is what you'll owe, plus interest and penalties - if you take care of this quickly, those won't be a lot but will keep growing until you file the amended return and pay what you owe.

Answer 2

Marital status is determined as of the last day of the tax year. If you were married as of December 31, 2006 then you have two filing status options: Married Filing Joinlty or Married Filing Separately.

I would take one of the original returns and amend it to include both of your income and deductions. Mark that you are using a filing status of married filing jointly. Explain the reason for the changes on the amended return. (Reason: you should have filed MFJ but did not, so you have included the wages, deductions, etc of the spouse on this amended return.)

Amend the other return to show zeroes in the income, deductions, withholding, etc and explain on that amended return that you mistakenly filed as Head of Household when you should have filed Married Filing Jointly. Indicate that the income and deductions for this return have been carried over to another return... then give the SSN under which the amended return (referred to above) was filed. Attach a copy of the first amended return (the one with your combined income) to the amended return that you are zeroing out.

Don't forget to do the same with the state returns, if necessary.

UPDATE:
I stand corrected. STEVEN F is correct. You do not need to file two separate amended returns. Just make sure that you include the spouses income and deductions, as originally filed in column B of the amended return. Both of you need to sign the amended return.

Sorry for the bad advise before...

Answer 3

You need to file Form 1040-X. This will walk you through the correction. You'll put in column A the amount on the original return (combine the numbers from your originals for this). In column C goes the amended amount that should have been filed. In column B goes the net change.

You can go to the IRS website and get the 1040X and instructions.

Answer 4

Judy is correct. I don't think rahn_p understands his own answer. In any case, his advice is wrong, You need to do ONE amended return.