Changing status on previous tax returns

Jul 27, 2011 4 Replies

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Erica Fluker 14 years ago

The judge recently signed off on a bifurcation of marriage and granted a status only divorce; the debts and assets have yet to be finalized. During the separation, I found out from the IRS that my former spouse withheld income (W2's) and an early withdrawal from a retirement account when we filed taxes together. The IRS is now coming after me since we filed jointly although I had no knowledge of her withheld info. Can I now file an amendment for that tax year changing my tax status from "Married, filing jointly" to "Married, filing separate"?

Thank you!!

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Arthur Kamlet 14 years ago

No, sorry.

The last date you can amend your MFJ tax return into MFS is the Due Date (usually April 15 or the next business day) without extensions.

If she had income she neglected to report on your joint tax return, there is a possibility you can file an Innocent Spouse form. That form basically claims you had no idea she had that income and forgot to report it, nor did you benefit from that income.

You have not given enough information to make me think that would succeed.

Your divorce attorney needs to know this and should try to make it part of the financial settlement between the two of you.

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removeps-groups 14 years ago

Or that it would fail.

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Alan 14 years ago

Information on Innocent Spouse Relief is found in IRS Pub 971.

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Bill Brown 14 years ago

Keep in mind that the IRS has finally acknowledged that the 2 year deadline (after IRS starts collection efforts) for asserting innocent spouse status does not apply to the equitable relief provisions of IRC Section 6015(f).

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