How to merge 2 individual returns (HOH) to MFJ? Do I need to do 2 amendments separately?

[jassheph98]

Active duty service members, filed HOH individually.  Was only married 4 months before filing. Didn't think we should file MFJ for just 4 months but FAFSA seems to think we should have.  We have since filed MFJ

[xmasbaby0]

Your marital status is determined as of December 31 of the tax year.   If you were legally married as of the end of 2022 your filing choices were married filing jointly or married filing separately.  If you filed any other way, you filed incorrectly.    Do you mean that you have now amended to file a joint return?   What did you do in order to amend?

[VolvoGirl]

How did you file Joint now?  Did you amend one of the HOH returns?  If not then the MFJ return should have rejected unless you mailed it.  So how did you file all the returns?  Efile or mail?  

[jassheph98]

This is for 2021 filing year. We both filed HOH. We didn’t live together until 2022. We’re both active duty military.  I was told to amend the 2021 and change our filing status to MFJ

[jassheph98]

Had know idea we should file mfj. We were married for only 4 months and we still never lived together. We were stationed in different states until 2022. Since we’ve filed mfj (2022). The question I had is for 2021 filing year.  I haven’t submitted an amendment yet. Just not sure how to go about it. 

[fanfare]

generally the person who wants to be listed as taxpayer would file the amendment of the return they submitted.

Since you  already filed 2022 tax return,

the person who is  listed as taxpayer for 2022 should file the 2021 amendment.

@jassheph98 

[jassheph98]

Thank you

[Critter-3]

If you each had a qualifying child  AND  you each supported your own households  AND you did not live together at all the last 6 months of the year  THEN  you could each file as HOH ... the school is wrong. 

BUT if you did live together for as little as ONE night the last 6 months of the year (hello honeymoon) then you must file either MFJ  OR  MFS  so you need to amend 1  return and switch from HOH  to MFJ   OR  you both need to amend from HOH  to  MFS.   

[jassheph98]

E file and neither was rejected

[jassheph98]

I thought the school was wrong myself.  Unfortunately no honeymoon.  Duty calls.  I’m going to call again. Maybe someone else will know.  Thank you say much

[Mike9241]

@fanfare Military deployment - their status - is not considered living apart.

A married taxpayer needs to meet the “considered unmarried” rules to file HOH. To be “considered unmarried” for tax purposes in order to file as HOH you must meet all of the following requirements:

• You must file a separate return from your spouse (Married Filing Separately).
• You must have provided more than half the cost of maintaining your home for the tax year.
• The home must have been the principal place of abode for you and your dependent son, daughter, or eligible foster child (that meets the qualifying child or qualifying relative tests to be claimed as your dependent) for more than half the tax year. But don’t worry, this will include a child who would be your dependent except that the exemption was released to the noncustodial parent.
• Your spouse must not have lived in the home at any time during the last six months of the tax year. This does not include those situations in which the spouse is living away from the home temporarily (job assignment, military deployment, temporary incarceration).