Amend tax return to change filing status from MFJ to MFS

[Zackwbutler]

I filed the taxes for myself and my wife a few weeks ago. We have now realized that MFS would benefit us more with her student loans, so I want to amend. The amendment is easy but I’m concerned on what she needs to do on her end. Does she file her taxes as if she never was on mine, after I amend and remove her from mine? I just need to know what to do on her end. 

[xmasbaby0]

Yes---you can amend your joint return to a MFS for ONE of you, but when you file MFS there are two tax returns ---one for each spouse.  So one of you uses the joint return and amends to MFS and the other has to start a new original MFS return.  Follow all the rules----if one of you itemizes deductions, the other spouse must also itemize.  Or you both have to use standard deduction.

You must amend before the April 15 filing deadline---after April 15 you are not allowed to amend from filing a joint return to filing separate returns.

HOW TO AMEND FROM MFJ TO MFS OR FROM MFS TO MFJ

https://ttlc.intuit.com/turbotax-support/en-us/help-article/small-business-processes/switch-filing-j...

[Zackwbutler]

Thank you! I will be doing the amendment. So when she files, she would just file a return basically as if we never had to amend and just select MFS when she selects her status? She doesn’t haven’t to do anything with any amendments? Just file a normal return? 

[MaryK4]

Correct- you will have one amended return that changes the filing status and removes all of her income/credits/etc. then file a second new/fresh separate return with her information only. @Zackwbutler 

[Blossom101]

Hello, I wanted to piggy back off this. I filed MFJ with my husband and the return was accepted. Now it would be beneficial to file MFS. Can I amend this by todays deadline and file and extension? Or do we have to complete the amend today?

[xmasbaby0]

You cannot switch from MFJ to MFS after April 15, 2025.   So this is your last day to amend--no extensions for amending.     Are you certain MFS would be better?  MFS is usually the worst way to file.

If you were legally married at the end of 2024 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $29,200 (+ $1550 for each spouse 65 or older)  for 2024. You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

https://turbotax.intuit.com/tax-tips/marriage/should-you-and-your-spouse-file-taxes-jointly-or-separ...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/income/getting-married-mean-taxes/L2Rgma...

https://ttlc.intuit.com/turbotax-support/en-us/help-article/taxation/married-filing-separately-commu...

[Blossom101]

Would my spouse absorb my carry losses if I file MFJ? I would like to for my spouse to avoid this. 

[BrittanyS]

Can you clarify?  Are you asking if your spouse will be responsible for your tax debt if you file MFJ?

[Blossom101]

Hi, yes and vice versa. Would it be best to MFS until the losses have been wiped out so the neither spouse is responsible for the other’s debt, if that’s the case for MFJ?

[Blossom101]

Also, if I begin the amendment from MFJ to MFS and change my mind, am I able to cancel? And revert back to MFJ?

[MonikaK1]

It depends. Depending on other factors, it may still be better to file jointly. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), you will need to split your community income evenly even if filing separately; the rules vary by state. Also, some tax benefits aren't available for Separate filing status.

You can use TurboTax Online to test different scenarios before deciding to file jointly or separately. Click here for more information from TurboTax on how to decide which filing status to choose.

Click here for tax tips for community property states.

As others have stated, you only have until the due date of the return to change a joint return to separate, regardless of extensions. After it's changed to separate, yes you can still go back to Joint.

If one spouse has a tax debt that originated prior to the marriage, you can still file jointly and can apply for Injured Spouse relief.

The IRS will determine whether you qualify for injured spouse relief based on your application Form 8379 independently of the processing of the seized refund, which is handled by the Department of Treasury's Bureau of the Fiscal Service (BFS). See IRS Tax Topic 203 for more information.

The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.

Generally:

• If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks.
• If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks.
• If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

The IRS will calculate the amount of refund you can claim. If you live in a community property state, they divide the refund based on state community property law. See this IRS webpage and this TurboTax tips article for more information.