Continued to file jointly while my husband has already filed and got refunded by filling as married separately

[Yenalga]

Hello,

I am married, have two kids , and am a first time filer. My husband and I are new and didn't know a lot about the difference b/t filing separately or jointly. He has filled as married separately in his 2021 tax return and got already a refund.

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A continuation to the above question: -

Thank you so much for your swift responses! I have started filling jointly. I am filling in my and my husband's information via Turbotax. My husband had filled separately via another system (via EZtax), he is planning to amend it (change to Married Filing Jointly) tonight or tomorrow from his end. I hope we are not violating any rule by keeping on filing and submitting mine. Thanks!

[DMarkM1]

You will not be able to file two returns.  Since your spouse has already filed a married return, you will need to amend his return to married filing jointly and include all of yours and the dependents information on that amendment.  

Only one joint return can be filed that includes both of your incomes and deductions and dependent children.  

[macuser_22]

You can only file one joint return.   If a separate return was filed and a joint was wanted then that separate return must be amended to change to joint and the spouses information and income added to it that becomes the joint return.   The other spouse does not also file a return at all.

[Yenalga]

Thank you for the clarification and swift response.  A couple of questions:

1. Do we need to use the system/application with which he filed before (in his case EZtax)? Or can we access his previous file via Turbotax?
2. Is there a different form to be filled in for amending existing one? If so, please explain to me the steps.  Thank you so much!

[macuser_22]

An amended return is a 1040X form.

It is possible, but not easy,  to use TurboTax  first you need to duplicate the already filed return exactally as filed.  Then print for filing but do not mail it to fool TurboTax at it was filed.  Then you can amended that return.

See this TurboTax FAQ for detailed amend instructions:
https://ttlc.intuit.com/questions/1894381-how-to-amend-change-or-correct-a-return-you-already-filed

-- Amended returns can only be mailed - allow 8-12 weeks - can take up to 16 weeks (4 months) for processing.

You can check the status of the amended return here, but allow 3 weeks after mailing.
https://www.irs.gov/filing/wheres-my-amended-return