Client isn't sure which way he needs to file, separation and divorce problems. Should I file the extension separately or jointly? Does it matter? I understand he can file MFS then amend to MFJ, but not the other way. If I file the extension jointly does that cover both of them no matter which way either one files?
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I don't think you would have the authority to do MFJ without the approval of the spouse. Client needs to decide how he will to file before submitting the extension or do it MFS it can always then become a MFJ.Believe nothing you have not personally researched and verified. -
I may have the same situation as JenMO.Originally posted by taxea View Post
Are you saying if both spouses extend on the same 4868, they cannot file their 1040's as MFS?Comment
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I don't believe the extension is binding. It is easier for the IRS to follow extensions that were filed MFS who then file jointly than those who follow a MFJ extension but decide to file separately.
In the end, I don't believe the extension filing status matters.Comment
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If you make a payment on a MFJ extension, and then file the returns MFS, how do you allocate the tax payment made?
For that reason, I tend to do two separate extensions. If they file MFJ no issue. If they file MFS the allocation is already done, no worry about one taxpayer claiming all of the payment was for them or whatever...Comment
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