Amend 2020 Federal return and change "Filing Status" , from "Married Filing Joint Return" to "Married Filing Separately Return"? Mixed status marriage. One U.S. Citizen with SSN and one citizen of the country we live in (Overseas) with an ITIN.

[PML1995]

To qualify for the 2 Stimulus payments sent in 2020, which I did not receive, I had planned to change the "Filing  Status" to "Married Filing Separately" when I did the Federal return for 2020.  Then, I read that the government had changed the regulations about Mixed Status marriages, one with a Social Security number and the other with an ITIN.   That we would qualify for one Stimulus payment, for me, the U.S. Citizen, to cover both of the Stimulus payments that were sent to millions of people during 2020, but not to me, a U.S. Citizen.  A total of $1800 USD. 

I eFiled the 2020 Federal return via TurboTax on 15 February 2021 and the status changed to "Accepted" by the I.R.S., 23 minutes later.

But now it shows "Processing" for the status.  I believe there may be millions of returns, like mine, waiting for a live human in the I.R.S. to look at them to see if they qualify for the Stimulus Refund?

TurboTax showed me getting an $1800 USD Refund, so that seemed to indicate that the TuboTax Online Software believes that I should qualify with the changed regulation(s) about mixed status marriages (SSN and ITIN).

Also, I know that I made at least one error.  When I did the 2020 return, I forgot that my wife has a bank account in the country (overseas) that we live in.  so TurboTax did not generate the form that it normally does for that and I did not answer the questions about Overseas bank accounts. 

QUESTION: At the end of March 2021, when it becomes possible to file an Amended Federal return for the 2020 tax year, via Form 1040-X, should I do that, or, should I just wait for the I.R.S. to get to the original return and see what happens?

Mail sent from the USA is not delivered to our house so if the I.R.S. sends me anything I will not receive it.

QUESTION: What are the Pros and Cons?

Thank you, in advance, for sharing your time and expertise with me.

[DianeW777 · Accepted solution]

You are correct in so far as the processing of the return.  They are reconciling the stimulus payments with the returns and the timing of the tax season, the stimulus payments for the first and second round and now the third does create a delay.

Do NOT file any amended return as this time.  Once a return is accepted they will use the method of deliver you requested or mail if no direct deposit was requested.  At this time you cannot change that information.  

The IRS FAQ about SSN and stimulus:

• How are married couples affected, if only one spouse has a Social Security number?
  • As with EIP2, joint filers where only one spouse has a Social Security number (SSN) will normally get the third payment. This means that these families will now get a payment covering any family member who has a work-eligible SSN.

For taxpayers who file jointly with their spouse and only one individual has a valid SSN, the spouse with a valid SSN will receive up to a $1,400 third payment and up to $1,400 for each qualifying dependent claimed on the 2020 tax return.

Continue to watch for the possibility to update your direct deposit information.  Review this TurboTax link about the normal process when the wrong information or no information was included when the return was filed and accepted.

[PML1995]

Dear DianeW:

Thank you and God Bless  you for the quick reply. Much appreciated!   I will not file an Amended return for the 2020 tax year.

I did check the bank routing number and account number, possibly 15 or 20 times, before  I eFiled the 2020 return, so the Direct Deposit information the I.R.S. has for me should be correct.

The only error I am sure that I made is that I forgot that my wife has an overseas (not in the USA) bank account so I answered the question about whether or not we have any bank accounts here (overseas country) wrong.

Thank you again for your quick and thorough response to my question and have a nice day!

[PML1995]

I am the OP. To update this thread in case it is applicable for others who ready this.  We are a family with one SSN and one ITIN. I filed Married  Filing Jointly, on 2019 and 2020 Federal returns.  We live overseas.  I efiled the 2020 Federal return on 15 February 2020 and it was accepted in a few minutes.  Now (27 March 2020 and before) on this URL for the 3rd Stimulus payment ($1400 in this case)  https://sa.www4.irs.gov/irfof-wmsp/status      it shows that the IRS had scheduled the payment to be MAILED on 26 March 2020.  They worked from the 2019 Federal Return, which did not have Direct Deposit information, because there was no refund due and no payment due. The 2020 Return is still in processing so they worked from the 2019 return.  NOTE: According to this article, which I found the night of 25 March 2020, this is the fault of the Social Security Administration, because they did not send the information to the IRS until 2 or 3 days ago.  https://www.newsnationnow.com/politics/covid-stimulus/third-stimulus-checks-and-social-security-reps... Mail sent by USPS is not delivered to our house, which is overseas. QUESTION: Is there a way to contact the I.R.S., to ask them to put a "Stop Payment" order on the Check they mailed to me and replace it with a Direct Deposit to the bank in the USA for the $1400? Thank you in advance for your time and your help. 

[MaryM428 · Accepted solution]

Please contact the IRS, explain your situation and ask them for their help.  There is no place to do this online.  

Here is the best way to get to speak to a person at the IRS:

Call them at 1-800-829-1040.  They are open Mon - Fri from 7:00 AM - 7:00 PM.  The best time to reach them is 8:00 AM eastern daylight time.

Get to a live person fastest: Press 1 for English, then press 2 for Personal Income Taxes, and then push 1, then 3, then 2, then 0# when it asks for your social security number, then 2.

[PML1995]

Dear MaryM428:

Thank you for your reply and for the information about how to (hopefully) get through more quickly to a live  person at the I.R.S.

  Much appreciated!

[hosituandung]

I need to amend my 2020 return and change my filing status to MFS. I am using the online version of TT, and as of today, TT cannot amend the 2020 return because the IRS has not updated the relevant forms.

My questions (about how to proceed with the amended return in the future) are as follows:

1. should I efile the amended state return at the same time as the federal amended return? or should I hold on until the IRS responds to my amended federal return?

2. now that the filing status is changed to MFS, 2 separate returns will be required (the amended one for me, and a new MFS return for my wife). Does my wife have to submit her federal return before May 17 regardless of the approval status of my amended return? or does she have to wait for the IRS's response to my amended return first, then submit her own separate federal return?

3. when does my wife have to submit her state return?

Thanks for your feedback.

[JeffreyR77 · Accepted solution]

You should efile your state amended tax return at the same time you file your Federal amended return. 

Your spouse should also file their amended Federal return at the same time as well as you both have previously filed a joint Federal tax return. 

She should also submit her state amended return at the same time.

The deadline to file your amended return to change your filing status from Married Filing Joint to Married Filing Separately may still be April 15. 

There is no specific language in the May 17th filing deadline extension including the amendment extension in that extension.

[PML1995]

Is the reason that you want to Amend your return and change your Filing Status to MFS because you are a "Mixed" couple. one having a SSN and one having an ITIN?    If so, that is why I was contemplating doing that and they changed the law and now that is not necessary unless you have some other reason to file Separately.  I am going to get the Refund and my wife will not since she has an ITIN.  The IRS had planned to have the Form 1040X for 2020  available at the end of March 2021, but if the IRS has not released it, TurboTax cannot make it available.