How do I amend my husband taxes?

Question

My husband's tax preparer filed him as head of household instead of married filing single for 2006 and 2007. We weren't aware of this until I applied for federal student aid earlier this month. I was denied aid until we refile his taxes. The tax preparer is not open until January. So can I amend them myself online and how do I do it? Thank you for your help.

Answer 1

YOU can't amend his return, he has to do it.

All that said, an amendment can't be done online, has to be on paper, and will take 3-4 months for the IRS to process.  He will very likely owe some additional tax

Is there a reason why the two of you don't file a joint return?  That would probably save you tax overall.  You can amend to a joint return.

You can do the amended forms yourself, or go to a different preparer.  Real accountants, and some of the storefront tax prep places, are open all year.  The amendment form is 1040X, and you can download the form and instructions at irs.gov

A side note - I'd go to a different preparer next year.  If your husband gave him or her accurate info, the person is incompetent if they prepared his return as head of household.

Answer 2

You and your husband need to file 1040X to change it to a joint return. for those two years. One can always change to married filing joint (if you are married on the last day of the tax year) What you cannot do is change married filing joint to married separate. You need the information from the tax returns to do this.

Or, alternately, you both can refile married filing separately. 1040 if you haven't previously filed for you, 1040X if you have, and 1040X for your husband.

Either way, it will take your husband's cooperation.

Tax preparers can assist of the 1040X form is a bit obscure. It doesn't have to be the one you went to before. You need copies of the previously filed return.

And its married filing separate.

Answer 3

Your husband must have the tax return amended, he should go back to the tax preparer to file the amended,  It is not the fault of the tax preparer but the fault of your husband.  He signed the return, and apparently didn't review and make sure everything was correct.  HIS FAULT.

why you are filing joint returns makes no sense.  he is claiming the kids and should be filing joint.

it doesn't make any difference if you worked or not.

Answer 4

There is no such thing as married filing single.  A married person living with their spouse must file as married filing jointly or married filing separately.  You, he or another tax preparer needs to file an Amended Income Tax Return, Form 1040-X on paper.  You and he will probably do better filing jointly.

Answer 5

He can file a 1040x form. They are available for download at the irs site. I don't think you can be both married and filing as single. You can be married and file separately.

Answer 6

1.  No one can amend online.  He can fill out the 1040X at IRS.GOV, print it, sign it and mail it.  It takes 12-16 weeks to process.

2.  When FASFA catches a bad return and it's a HOH return, it usually means that BOTH of you need to refile.

How did YOU file?  If you and hubby lived together at all from 7/1 to 12/31 of each year, then NEITHER of you was eligible for HOH status.  (It's either 2 MFS returns or 1 MFJ return.)  HOH is for estranged and divorced couples.  The reason bad preparers try to use HOH status when it's not allowed is often a money grab.  Here, file as HOH, claim a dependent and get EIC.  When caught (and it's better to be caught sooner by FASFA then later by the IRS), you not only owe money back but can be banned from the EIC program for 2 or 10 years.

3.  Filling out the 1040X is painful.  Take the 1040A/1040 flip to page 2 and you use that to load column A.  Do a new 1040A/1040 (do not send) and load column C.  Use the instructions to verify that he's eligible for any credit or deduction--MFS doesn't get everything.

iGet out a calculator and figure out the changes in column B.  LIne 2 will decrease--put the number in ( ).  LInes 3,5,6,8, 10 and 13 will INCREASE.  Put the refund he received on line 19.  The amount he owes will pop out on line 21. Add the explanation to page 2.  "I lived with my wife.  I didn't know I couldn't file as HOH."

To change from HOH to MFJ (and void out your return), do the same thing.  Put the MFJ data in column C, both refunds on line 19 and you both sign.

4.  You weren't aware of what?  That your preparer had filed illegal returns for 2 years?  You are supposed to look at what you are signing when you file.