Amend MFJ to Single

Forum|Forum|6 years ago
May 7, 2020
3 replies
21 views

I have a couple that originally filed MFJ. Turns out they were never married. And now they need to amend the MFJ return to 2 "single" returns. How do I go about this in the software?

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BobKamman

Level 15

Are these 2019 returns?

Start all over, file paper returns with "SUPERSEDING RETURN" written across top of both 1040's, attach an explanation (like, there's ever a good one for not knowing your marital status).

Collect your fees in advance.

Are you sure, under penalty of perjury, that they are not married?

L

leftyAuthor

Level 4

amending 2017 and 2018

BobKamman

Level 15

From the Internal Revenue Manual:

21.6.1.5.7 (10-01-2019)

Married Filing Joint or Married Filing Separate is Invalid or Filed with Incorrect Status

The married filing joint election is potentially invalid if the individuals were not legally married, did not consent to the joint return, or if the return contains a forged signature.
Allow claims if the marriage was not legal for federal tax purposes (even if the claim is received after the due date) if the following is present:
- Verification, such as court documents showing the marriage was not valid for the tax period involved: copy of divorce decree or separate maintenance; documents verifying that the taxpayers did not live together during the last six months of the tax year, such as a lease agreement, utility bills, etc.; or an affidavit, signed and sworn under penalty of perjury, stating the marriage does not exist.

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