Can I amend several year's returns to change filing status from HOH to married filing joint? Husband does not have a SS# (illegal). Will there be a penalty?

[flannerytax]

I have a client who has filed HOH for 15 years. She has actually been married for all of those years but her husband is not a citizen, does not have a SS#. He is trying to become a citizen, their attorney has informed them her filing status will be problematic in his case. Can I amend to change status? How many years back? Will there be a penalty?

[sjrcpa · Accepted solution]

Yes you can amend. Husband needs to get an ITIN. All husband's income needs to be reported. 2015 - 2017 are still open under the statute, for refunds.

How many years does the lawyer say should be amended?

[alex1110]

Good morning, 

I'm having similar case. Our clients were always married but she was filing as HOH and husband as Single. Now for Immigration purposes, their lawyer is requesting them to amend  their tax return 2015 to 2019 to MFJ. Can you please explain me how I can do that?

Thank you so much. 

Alex