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Kaimi
New Member

Can I amend from Single to Married File Jointly?

Both my husband and I filed our 2024 taxes as Single because we filed for a divorce in 2024 and received the final judgement on Dec of 2024. However, we didn't realize the divorce wasn't actually finalized until April of 2025. (We did actually remarry towards the end of 2025.. but that's not affecting the issue here) Normally, we'd just amend status to MFS, but here's the problem:

 

We filed our Single tax returns based on the fact that we're splitting the estimated tax payment in half.  He has just received a mail from the IRS stating that they're not seeing any payment on his account so he needs to pay a bunch of balance.

 

Can I just amend my tax return to MFJ and assume the problem on my husband's side will get resolved? One thing, though, I still haven't received my tax refund yet and is still showing processing at this time.

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1 Best answer

Accepted Solutions
MindyB
Employee Tax Expert

Can I amend from Single to Married File Jointly?

Yes. Even though you had a final judgment in December 2024, the IRS considers you married for the entire year if your divorce wasn't officially finalized on or before December 31. 

 

You can amend your return to Married Filing Jointly. This will combine your two accounts in the IRS system. This should satisfy the balance the IRS is asking him for. However, since your current Single refund is still processing, you should wait until you received the refund before filing the amendment (Form 1040-X).


Since your husband has a balance due notice with a deadline, he should call the IRS at 800-829-1040 (or the number on the top right of his notice). He should explain the situation, that you were legally married on Dec 31, 2024, and that he is waiting for your original refund to clear so you can both file a joint amendment. He can request a 60-day or 90-day collection hold on his account, which will stop the IRS from sending further notices while you wait for your refund to arrive.

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1 Reply
MindyB
Employee Tax Expert

Can I amend from Single to Married File Jointly?

Yes. Even though you had a final judgment in December 2024, the IRS considers you married for the entire year if your divorce wasn't officially finalized on or before December 31. 

 

You can amend your return to Married Filing Jointly. This will combine your two accounts in the IRS system. This should satisfy the balance the IRS is asking him for. However, since your current Single refund is still processing, you should wait until you received the refund before filing the amendment (Form 1040-X).


Since your husband has a balance due notice with a deadline, he should call the IRS at 800-829-1040 (or the number on the top right of his notice). He should explain the situation, that you were legally married on Dec 31, 2024, and that he is waiting for your original refund to clear so you can both file a joint amendment. He can request a 60-day or 90-day collection hold on his account, which will stop the IRS from sending further notices while you wait for your refund to arrive.

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