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cherisefb
New Member

Filing amended after annulment

I am now annulled and have to file an amended tax return for 2019. Our married return was filed under his SSN, with me listed as spouse. Do I amend the original return (seems like that would be what he does) or do I start my own new return as if I never filed? 

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5 Replies

Filing amended after annulment

Ok ... if he was the primary on the joint return then  HE can use that as a base return to amend it  for himself ... and you as the spouse will have to start a fresh return.    This is an unusual situation and using a local paid tax professional would be a wise idea.  A copy of the annulment papers will need to be attached so bring them with you along with a copy of the original return.  

Filing amended after annulment

If you filed MFJ in 2019 and your marriage was annulled, you just file 1040X as single, you will have to include a copy of all forms that changed (which will pretty much be all of them). Be sure and include the reason for amendment. You only need to be concerned with what you do and not your X  

Anonymous
Not applicable

Filing amended after annulment

more bad news but you really need to know what the tax laws are when there is a court-ordered annulment.

A court decree of annulment makes a marriage not only invalid but nonexistent, as if it never occurred. Therefore, a couple who have been filing taxes jointly during the period of their marriage must revisit those filings and amend them. According to IRS rules, you must file Form 1040X titled "Amended U.S. Individual Income Tax Return," for each year that you filed as married that is not closed by the statute of limitations. In general, this limit applies to returns filed more than three years before the annulment decree.

Filing amended after annulment

I still think you need to seek local professional assistance as no DIY program will handle this very unusual situation. 

cherisefb
New Member

Filing amended after annulment

Thanks to you all for your replies. It was only one filing year, 2019, so it's not terribly complicated. My own tax form as a single person is super easy - in 2019 I had one job, no mortgage, and one dependent. Already own TurboTax so completing the form was easy. Seems that since the filing windows have closed, I just print and send in, with a cover letter, a copy of the original 1040 I was claimed as a spouse on, and my court papers showing annulment.  

 

What am I missing that a pro would give me, other than a bill? 

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