Filing amended after annulment

Forum|Forum|5 years ago
November 8, 2020
2 replies
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I am now annulled and have to file an amended tax return for 2019. Our married return was filed under his SSN, with me listed as spouse. Do I amend the original return (seems like that would be what he does) or do I start my own new return as if I never filed?

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Critter-3

Level 15

Ok ... if he was the primary on the joint return then HE can use that as a base return to amend it for himself ... and you as the spouse will have to start a fresh return. This is an unusual situation and using a local paid tax professional would be a wise idea. A copy of the annulment papers will need to be attached so bring them with you along with a copy of the original return.

tbrown21

Level 4

If you filed MFJ in 2019 and your marriage was annulled, you just file 1040X as single, you will have to include a copy of all forms that changed (which will pretty much be all of them). Be sure and include the reason for amendment. You only need to be concerned with what you do and not your X

Anonymous

more bad news but you really need to know what the tax laws are when there is a court-ordered annulment.

A court decree of annulment makes a marriage not only invalid but nonexistent, as if it never occurred. Therefore, a couple who have been filing taxes jointly during the period of their marriage must revisit those filings and amend them. According to IRS rules, you must file Form 1040X titled "Amended U.S. Individual Income Tax Return," for each year that you filed as married that is not closed by the statute of limitations. In general, this limit applies to returns filed more than three years before the annulment decree.