MFJ Couple where one spouse is under 75k and wants to get the 1200

[wahcpa]

I have an interesting situation.  I have a couple who was going through a bad contentious divorce which was finalized in 2020.   For 2018 and 2019, they filed MFJ and had joint income over 200k.  They were barely talking!  The wife income was only 65k and the husband was about 135k.   This is consistent for 2018 and 2019.

Now the fun part.  The wife asked if we can file MFS for 2018 and 2019 so she can be eligible for the 1200 payment.  I don't believe this is possible unless both parties agree since they would need to split the itemized deductions they had jointly for their residence.

Any thoughts or advice would be appreciated.

Many thanks. . .

Warren

[dd4vols]

there's a reason he left her...………………...

[IRonMaN]

A really good reason ............

[itonewbie]

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@wahcpa wrote:

Now the fun part.  The wife asked if we can file MFS for 2018 and 2019 so she can be eligible for the 1200 payment.  I don't believe this is possible unless both parties agree since they would need to split the itemized deductions they had jointly for their residence.

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Actually, it's the other way round.  MFS is the default.  MFJ is an election, which both spouses have to agree to.

[Just-Lisa-Now-]

Once you have filed your tax return as Married Filing Joint (MFJ), you CANNOT amend your filing status to MFS after the due date of the return. 

So 2018 is out of play.

2019 you could amend, BUT nobody is processing paper returns at IRS right now, so you're out of luck with that plan too.

So if this is all about the stimulus, you're just spinning your wheels.

[itonewbie]

Ah, I didn't even read the part they already filed.

[TaxGuyBill]

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@wahcpa wrote:

divorce which was finalized in 2020. 

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It is 2020 credit.  If her income still qualifies in 2020, she'll get it on her 2020 tax return.  So why try to mess with prior tax returns?

[IRonMaN]

Everybody kinda misses that point and besides, everybody wants their money NOW ....... or sooner if possible.

[qbteachmt]

"They were barely talking!"

I've never seen more than "barely" as a requirement in the regulations, though. They obviously talked enough to Sign their return.

[BobKamman]

@Just-Lisa-Now-  "2019 you could amend, BUT nobody is processing paper returns at IRS right now, so you're out of luck with that plan too."

It would be foolish for this taxpayer to file a superseding return, but other practitioners may see a case where it should be done.  No, it's not too late.  (A Monday memo from OMB allowed agencies to “begin adjusting their operation status for a controllable, steady return to normal operations.")

https://procedurallytaxing.com/this-tax-season-may-create-many-superseding-returns/