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posted May 31, 2019 6:31:12 PM

Can we file amended joint return and include elderly husband's income & deductions if I filed married separately but he never filed past 4 years?

Husband is elderly and has Alzheimer's.  He could not manage to get his tax stuff together to have someone help him.  I had been filing Married filing separately for 2012-2015 using TurboTax Deluxe.  Can I file amended return for those 4 years and include his income and deductions?  I believe you can only go back three years for amended returns.  Is there an exception for "injured" or incapacitated spouse?  He did have a good chunk of taxes withheld by his broker.  

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1 Best answer
Level 15
May 31, 2019 6:31:15 PM

You can file amended returns for those years to file as Married Filing Joint and include your husbands tax information. You will need your .tax files or a copy of your tax returns, your information must be entered exactly as it was when you filed, then you can change to married filing Joint and add his information.

You need the tax software for each year you are amending.  Amended returns with TurboTax must be mailed in. 

Generally, to claim a refund, you must file Form 1040X within 3 years after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later.

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How do I amend a separate return to Married Filing Jointly?

https://ttlc.intuit.com/replies/3300283

2 Replies
Level 15
May 31, 2019 6:31:14 PM

"has Alzheimer's."  Is he competent to sign a tax return?  Are you his appointed guardian?

Level 15
May 31, 2019 6:31:15 PM

You can file amended returns for those years to file as Married Filing Joint and include your husbands tax information. You will need your .tax files or a copy of your tax returns, your information must be entered exactly as it was when you filed, then you can change to married filing Joint and add his information.

You need the tax software for each year you are amending.  Amended returns with TurboTax must be mailed in. 

Generally, to claim a refund, you must file Form 1040X within 3 years after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later.

-----------------------------------------------

How do I amend a separate return to Married Filing Jointly?

https://ttlc.intuit.com/replies/3300283