IRS disallowed Claim

Kpekus · ‎February 13, 2024

Hello,

I amended my 2020 tax return to change my filing status from single to MFJ. I did that after my spouse got the SSN after immigrating into the country. IRS states that since the SSN was issued after the return due date, we can't claim retroactively MFJ. The law I could found on retroactive claims is the PATH ACT of 2015 which prevents retroactive claims for certain credits. I don't qualify for those credits. Is there any law that prevents a retroactive claim from single to MFJ in this situation?

KrisD15 · ‎February 14, 2024

The IRS will reject a tax return that files Married Filing Jointly if the spouse does not have a valid Social Security Number.

The return cannot be amended later to change the filing status.

When you filed in 2020, and if you were married, you really should have filed Married Filing Separately (not Single) but since there were no credits on the return, it might not have mattered as far as your tax liability was concerned.

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