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richard2002
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Doesn't Amending a "Married Filing Separately" Return to a Joint Return Supersede the prior a "Married Filing Separately" Returns of Both Spouses

My wife and I each filed Married Filing Separately federal and state returns in 2020. We decided that this was the wrong decision and I amended my return to Joint.  My wife's Married Filing Separately was also amended once to return an overpayment.

 

The state of CA accepted the joint return and said nothing was owed, but assessed my wife $435.00 on her married filing separately return. Wasn't that return rendered null and void by the filing of our joint return. Why is she being assessed and how should I handle that assessment?

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3 Replies

Doesn't Amending a "Married Filing Separately" Return to a Joint Return Supersede the prior a "Married Filing Separately" Returns of Both Spouses

tax laws for state and federal often do not agree.   Call California to find out the reason

 

Doesn't Amending a "Married Filing Separately" Return to a Joint Return Supersede the prior a "Married Filing Separately" Returns of Both Spouses

When you amended to joint did the amended return include the Tax due payment from her return (that she didn't pay)?  Or did she pay it on her separate return?

Doesn't Amending a "Married Filing Separately" Return to a Joint Return Supersede the prior a "Married Filing Separately" Returns of Both Spouses

I spoke to the State of CA via chat and they told me to ignore the notice. I saved the chat in a Word document. On my wife's amended separate return, she was entitled to and received a refund from the State. She returned the overpayment through the amendment leaving a refund of about $500 which she actually received. We subracted that refund from the Amended State Joint return with an explanation on Part X. We received two notices: Notice of Tax Return Change - No Balance Due with both of our names and State Income Balance Due Notice for her Separate Return which is confusing. 

 

state refund worksheet.jpg

 

 

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