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MichaelL1
Level 15
February 9, 2020
Question

1040X preparation on prior year return

  • February 9, 2020
  • 3 replies
  • 33 views

A MFJ return was filed, when both are actually divorced, and single returns should have been filed.

 

Do two 1040X and a single return get filed?

 

How does the 1040X work in this case. 

3 replies

Level 7
February 10, 2020

Unfortunately, you will not be able to file an amended return for a prior year to change your filing status from Married Filing Joint to Single. Per IRS Publication 17, "once you file a joint return, you can’t choose to file separate returns for that year after the due date of the return." (Please see page 22) 

 

Please see this TurboTax Article for more information.

MichaelL1
MichaelL1Author
Level 15
February 10, 2020

I agree with what you said from page 22 of the IRS Pub 17

 

"Separate Returns After Joint Return

Once you file a joint return, you can’t choose to file separate returns for that year after the due date of the return."

 

However my question relates to filing a "single" return for each spouse as the joint return was not suppose to be filed due to a divorce.  So the joint return is incorrect and now two single returns (not a MFS) need to be filed.  

CatinaT1
Alumni - Intuit
February 10, 2020

You can amend the Married Filing Jointly return into two separate Single returns.

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