change filing status

[spt]

Can you amend a return to change from MFJ to MFS? Spouse left and nelected to tell husband that she did not report all her income for 2008.

[Gretel]

I am afraid that is the only change in filing status you cannot make. Unless you deal with a final tax return for a dead person.

[spt]

thanks

I just found that same thing. But thank you anyway.

[Koss]

Agree

Your client may have be able to make a case for innocent spouse relief from the other spouse's tax liability, even though it was a joint return.

Innocent spouse is very different from injured spouse, and these two concepts are frequently confused.

Innocent spouse relief has some tough criteria to qualify, but recent court rulings have made it a little easier in some cases.

BMK

[RitaB]

I think

I am afraid that is the only change in filing status you cannot make. Unless you deal with a final tax return for a dead person.

I think the other exception is if you do it by the April 15 immediately following the tax year. For example, if this question had been regarding the 2009 return, you could amend to MFS by April 15, 2010.

Is that right, or do I need more coffee?

[Lion]

Due Date

You're correct that you can amend to MFS by the due date of that particular return. Don't know if due date includes extensions. And, rep of a deceased has a year to amend the deceased's return.

[taxea]

looks like OP is dealing with an 08 return and the spouse is not dead. Answer is no.