filing status change

[Bird Legs]

Client, came to U. S. in 1990. Have been doing his tax return for about 5 years.
Filing status on tax returns previously filed was Single.
Comes in today to have his return prepared. Said his wife now has SSN and can file
married with 2 exemptions. Had her social security card with him, made copy.
Can I amend the 2003, 4, & 5 returns changing filing status from single to MFJ?
How do you explain to IRS that client was actually married in those prior years and
should have been filing MFS status?
Help!

[ChEAr$]

Interesting case.

Client, came to U. S. in 1990. Have been doing his tax return for about 5 years.
Filing status on tax returns previously filed was Single.
Comes in today to have his return prepared. Said his wife now has SSN and can file
married with 2 exemptions. Had her social security card with him, made copy.
Can I amend the 2003, 4, & 5 returns changing filing status from single to MFJ?
How do you explain to IRS that client was actually married in those prior years and
should have been filing MFS status?
Help!

You've prepared returns for him previously you say? You didn't determine back then
he was married? OR, is he just recently married? OR, did his wife just last year
come to the US? Are they legals? (I ask, since you're in Austin.)

I don't think you have to "explain" anything to IRS. At least do it right this year, and
then ascertain what facts you need to see if any amendments might be necessary.

Off the Record of course, I'm thinking she just now "obtained" a social security card,
you reckon?

[Bird Legs]

interesting Case

You are correct in that I failed in my duties to establish the fact that he was married when he first came in.
Technically, and otherwise, those returns for other returns are incorrect also, as far as the filing status is concerned. However, the 2003 & 2004 are the only ones within the 3 yr limitation period which can be amended..
Will try to do better in the future.

[Kong]

Is it not

to late to amend FY-2003? If you could follow up with client, I believe he did not want to mention wife since she was in the process with immigration. Did not want to apply for ITIN number, ect. I would not worry about status.