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In 2015 husband file our Married Joint return without my knowledge. We owe $17,000. The only income I had was W2 for $21,000. Can I amend and file married separate?

Husband was sole proprietor so a schedule C was prepared and he had a cancellation of debt.   However since he does not work or show he has income when I filed my returns for 2016 (filed married separate), 2017 (filed head of household) and 2018 (filed head of household) the IRS held all of my refunds and are applying to the unpaid balance. Its not fair. In 2016 I did not have a refund I filed late but made estimated payments so I had no balance due and no refund. But in 2017 I have a refund of $3,743 and in 2018 I have $4978.00 which all have been taken by the IRS.

When I created a married separate return I would owe $1008 based off my income for 2015 which I no problem paying. 

I tried to file injured spouse and the IRS declined it.

Can I amend my 2015 from married joint to married separate? since I do not talk to my ex, would he have to do as well?  What if he does not want to amend and file separate can I still?

Any help would be greatly appreciated.

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3 Replies
ee-ea
Level 15

In 2015 husband file our Married Joint return without my knowledge. We owe $17,000. The only income I had was W2 for $21,000. Can I amend and file married separate?

Do not amend! File a form 8379 for each year  https://ttlc.intuit.com/replies/3326788

rjs
Level 15
Level 15

In 2015 husband file our Married Joint return without my knowledge. We owe $17,000. The only income I had was W2 for $21,000. Can I amend and file married separate?

OP said "I tried to file injured spouse and the IRS declined it."
rjs
Level 15
Level 15

In 2015 husband file our Married Joint return without my knowledge. We owe $17,000. The only income I had was W2 for $21,000. Can I amend and file married separate?

You cannot amend your 2015 tax return from married filing jointly to married filing separately, with or without your husband's cooperation. You need to talk to a tax lawyer about your situation.

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