You can file an amended return to change from separate to joint up to three years after the return is due without regard for extensions. See code section 6013, particularly (b)(2)(a).
On Fri, Sep 26, 2008 at 8:18 AM, Jenkins LawFirm <jenkinslawfirm@gmail.com> wrote:
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Yes, that is fine. Use 1040X, put the data from the already filed MFS return in column A and the combined info in C.KC JenkinsOn Fri, Sep 26, 2008 at 9:52 AM, Marc Enzi <menzi@earthlink.net> wrote:
Subject:
If one spouse files separately and then the couple decides it's a mistake and want to file an amended return JOINTLY, is that allowed? In other words can a couple file an amended return filing JOINTLY when one spouse had already filed as Married but filing SEPARATELY?I seem to remember some sort of prohibition related to changing filing status from MFJ to MFS, but is going from MFS to MFJ allowed?Thanks,Marc
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Blessings,
Richard Ogg, EA
http://www.TheMastersTaxService.com
Any views expressed herein are based on our best information. The above was not written, and cannot be used by the taxpayer, for the purpose of avoiding penalties that may be imposed on the taxpayer.
IRS Circular 230 Disclosure: Unless expressly stated otherwise in this transmission, any tax advice contained herein, forwarded with or attached to this message was not and is not intended to be used, nor may it be relied upon or used, by any taxpayer for the purpose of (1) the avoidance of any tax-related penalties under the Internal Revenue Code or applicable state or local tax law provisions, or (2) promoting, marketing or recommending to another party any tax transaction or tax-related matters that may be addressed herein.
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