amending mfs to mfj

[Jennifer_McCarroll]

 My husband and I got married several years ago. He's on Social Security and I have a small business. Up through last year, he didn't file (as married filing separately, he didn't qualify to file) and I filed  as married filing separately. 

This year (2019 returns) we filed jointly. We would like to go back and amend our 2017 return as married filing jointly. Is there any reason that we can't do that? Are there any rules that don't allow that?

[DoninGA · Accepted solution]

Yes, you can amend the 2017 tax return from Married Filing Separately to Married Filing Jointly.

See this TurboTax support FAQ for amending a 2017 tax return originally completed and filed using TurboTax - https://ttlc.intuit.com/community/amending/help/how-do-i-amend-a-return-in-turbotax/01/27372

Note - If the amended 2017 return will have a federal tax refund, the amended return must be filed on or before April 15, 2021.  If filed after that date the refund will be denied.

[Jennifer_McCarroll]

Thank you.

I filed my 2017 return in October 2018. We had understood that we had 3 years from then to amend it. But from your note, it sounds like we need to amend it before April 15th. Are these contradictory statements or am I missing some details?

We will get a federal refund if we do it properly.

Also, the main reason we asked the question was that my husband hadn't filed his 2017 return at all. Does that affect making the amendment in any way?

[DoninGA · Accepted solution]

If you filed a Form 4868 extension request for tax year 2017 and it was accepted then you will have until October 15, 2021 to amend the tax return with a refund.

Your spouse not filing a 2017 return is not an issue if you are going to file as Married Filing Jointly on the 2017 amended return since you will be providing both yours and his information on the amended return.

[Jennifer_McCarroll]

Hello again and thank you for your help so far.

My husband really goes into the details of things and still has some questions. This is what he wrote:

A. The husband read something a while back that said one of these 2 things:

1. If you switch from married filing jointly [MFJ] one year to married filing separately [MFS] the next year

Then you can not switch back to MFJ for five years (or was it for three years ?). 

OR 

2.  Maybe it just said:  If you file MFS in one year Then you can not switch back to MFJ for five years ( or was it for three years ? ).

B. The wife found something that said this changed in 2015/16, and now you can switch or file either way.

But at the moment we can't find the statements where it says either A. or  B. above.

We married in 2017. The wife filed as MFS  for both her 2017 and 2018 returns. 

She extended each of these filings, using form 4868, to the following Oct. 15th.

The husband was not required to file so he did not file a return for 2017 and 2018.

We filed as MFJ for the 2019 return -  Is this a switch that is not allowed?  

-  from MFS?

Now,  we want to amend the 2017 MFS return to MFJ,  in order to get a refund.

Might this also be a switch that is not allowed?  - switching from either 

the  2017 MFS return?    or from the 2018 MFS  return?

Is amending 2017 to MFJ  against any rule,

or,  is there any problem with amending 2017 to MFJ?

Thank you very much for your help, 

[DoninGA · Accepted solution]

@Jennifer_McCarroll There is no tax rule preventing you from switching from MFS to MFJ or MFJ to MFS from one tax year to the next tax year. 

For example you can file as MFS in 2016.  In 2017 file as MFJ.  In 2018 file as MFS, etc.

What you may have seen is you cannot switch from MFJ to MFS after the due date of the tax return for the current tax year.

But you can change from MFS to MFJ in the current tax year.  So amending your 2017 tax return from MFS to MFJ is allowed.