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| Can I file tax return amendment as Single for 2004 when i filed as married jointly? |
In 2004, i and my wife filed joint returns. we are to be divorced on jan 22, 2006. i found out that few deductions were not made in the 2004 return. Can i file a amended return for 04 as a single or married but filing separately? |
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Griff
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You would both have to refile in that case. You can submit an amendment with your ex's signature. To undo the return without her cooperation will be difficult if not impossible. Want my advice? Walk away and get on with your life. Also, some deductions will expire after 3 years, so it depends when you filed. It will be more hassle than it's worth.
For me, bottom line it. If it is over $1000 in cold hard cash in your pocket, go for it. Anything less, forget it. |
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waggy_33
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Because you have already file a joint return your are locked into that return. You can amend the 2004 return to claim the additional deductions but it will have to be done on a joint amended return.
The only choice a married couple has for filing is to file separate or jointly. If you had filed a separate return you can amend it to change to a joint return. Unfortunately, the law says that once you file a joint return you are stuck with it. |
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alikmal
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no you can't. the status should be the same-married since you were married at that time |
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Judy1
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If you're amending the return, the amendment would be as joint. On an amended return, you are permitted to go from married filing separately to married filing joint, but not joint to separately. And since you were married for that tax year, you can't amend it to single even though that's your current status. |
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skip
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You were still married in 2004 so your only options for that year are married, filing jointly and married, filing separately. You cannot file as single or head of household.
You may not change from joint to separate after the due date for the return, which has long passed. So you are stuck with filing an amendment jointly, which requires your wife's signature. Only you can judge if that is going to be problematic, or even worth it. You might also think about where the refund goes. You might want to engage a CPA to do the amended return (1040X) and have the refund sent to the CPA for payment to each of you in accordance with whatever you agree on beforehand (this might also be a good time to discuss who will pay the CPA's fees).
If you think the above is all too much trouble, then you are probably right and you should, as someone else has said, let this one slide. |
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zyberianwarrior
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amend as married but be perpared for an audit. |
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write2kimberlymueller
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You can only file as married filing seperate since you were married.
Be careful though, sometimes amended returns prompt audits.
Also, there may be some legal claim to any refund you receive since part of it would he his/hers...Unless you guys are on horrible terms, it may be best to amend the returns as jointly filed since the refund would be much larger to split than you would get on your own. |
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