EFile for a Married Filing Jointly 1040 was approved for wife but rejected for husband because wife filed a Married Filing Separately return earlier

[Hoyt52]

Husband and Wife recently married (Aug 2019).  Wife has been unemployed for several years and has not filed a tax return for 2018.  In order to get her stimulus check she filed a Married Filing Separately, no income 1040 in March of this year.  Her husband had not  filed.  She did some calculations and realized that she had made a mistake by filing the Married Filing Separately 1040.  She subsequently  EFiled a Married Filing Jointly 1040 and Turbotax came back and told her that her filing was accepted but that her husbands filing was rejected due to the fact that his spouse's SSN had been used on an earlier filing that had been accepted by the IRS.  How does she fix this issue and get the IRS to accept her husbands part of the Married Filing Jointly 1040.  How does she "pull" her first filing?

[Texas Roger]

Only one Married Filing Jointly tax return is filed for both spouses and it must include all the information for both spouses. If the one that was filed and accepted included all the information for both spouses, then nothing else needs to be done.  If the Married Filing Jointly return that was accepted did not include all the information for both spouses, then an amended return form 1040X will need to be prepared, printed and mailed to include all the information that should have been included in the Married Filing Jointly tax return that was accepted. 

While you've included a lot of details in your post, it is not clear that what I'm saying is exactly what happened. Please explain it better if what I have said is wrong.

[VolvoGirl]

Yes your post is confusing.  If she first filed as MFS and it was Accepted then the Joint return should have rejected.

What was filed, when, and accepted or mailed?

Please list each return in order and status.

Did the husband try to file his own return as joint or MFS?  

[Hoyt52]

Confusing yes. 

Wife: March 2020 filed an MFS via mail and it apparently was accepted

Husband has not  filed anything up this point

Last week: Couple submits a MFJ E-File thru TurboTax. Within an hour Turbotax comes back and says the Wife's submission has been approved however the husbands submission has been rejected - reason: husbands spouse (yes, the  wife) SSN has been used on a previously submitted filing that was accepted by the  IRS.  Looking for "what do  we do now"?

[Hoyt52]

Ok: 

March 2020: Wife submits a $0 1040 MFS via mail (looking for her stimulus check) and it is apparently accepted

Husband has not submitted anything to  this  point

Now, last week they realize that that was a big mistake, they use TurboTax and file a 1040 MFJ via e-file

Turbotax  comes back quickly and tells wife that her submission was approved by the IRS but  that the husbands submission was rejected, reason: spouse (yes, the wife) SSN had already been used  in a previously submitted and approved filing.  So the question is  "what do we do now?"  Hope this is more clear.

[VolvoGirl]

Sorry still not understanding.  On a Joint return the whole return is either Accepted or Rejected.  They don't accept each spouse.  Did they each try to file a Joint return?  A Joint return is only 1 return combined for the both of them.  You don't both file Joint returns.   

Her first mailed MFS return has not been opened or processed yet.  The mail is stacking up at the IRS due to Covid-19.  And mailed returns do not get "Accepted or Rejected".  They take all mailed returns.  Accepted or Rejected is only for efiled returns.

So when they open her mailed return it's going to mess up all the returns.  The proper thing you should have done was wait for her first mailed return to fully process.  Then amend that return to be the Joint return and add his info to it.  That is all you should do.  

Sure sounds like they each tried to file a Joint return.  Was his income entered on the Joint return she filed?  If it was that should be the end of it.  At least until they open her mailed MFS return.  Don't file or mail anything else anymore.  

[Opus 17]

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@Hoyt52 wrote:

Ok: 

March 2020: Wife submits a $0 1040 MFS via mail (looking for her stimulus check) and it is apparently accepted

Husband has not submitted anything to  this  point

Now, last week they realize that that was a big mistake, they use TurboTax and file a 1040 MFJ via e-file

Turbotax  comes back quickly and tells wife that her submission was approved by the IRS but  that the husbands submission was rejected, reason: spouse (yes, the wife) SSN had already been used  in a previously submitted and approved filing.  So the question is  "what do we do now?"  Hope this is more clear.

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There are two possibilities.  I think both will work, in which case do the simpler one.

1. If the MFJ return lists the husband first, then you can print the MFJ return, sign it, and mail it to the IRS.  It should automatically cancel the wife's MFS return.

2. Or, go into the wife's MFS return and AMEND it to MFJ, by using the amending process in the program, and adding the husband's income and deductions.  Amended returns must also be printed and mailed.  The amended return (with the wife's name on top) will replace the wife's original return.  

#2 will definitely work, but you will have to start over and rebuild your joint return as an amended return in your wife's account.  #1 will probably work, but you may get a letter from the IRS asking you to confirm which return you want to file. 

[Opus 17]

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@VolvoGirl wrote:

Sorry still not understanding.  On a Joint return the whole return is either Accepted or Rejected.  They don't accept each spouse.  Did they each try to file a Joint return?  A Joint return is only 1 return combined for the both of them.  You don't both file Joint returns.   

Her first mailed MFS return has not been opened or processed yet.  The mail is stacking up at the IRS due to Covid-19.  And mailed returns do not get "Accepted or Rejected".  They take all mailed returns.  Accepted or Rejected is only for efiled returns.

Are you sure?  The IRS started opening processing centers June 1.  These customers would not get a reject message unless either the spouse's MFS return was processed, or maybe the spouse also e-filed a "non-filer" return trying to get the payment.  

The usual procedure for when two spouses file MFS and then want to change to a joint return, is that one spouse amends, and the amended joint return with spouse #1 name on top both replaces spouse #1s MFS return and also automatically cancels the MFS return for spouse #2.  In that case, I would believe that either (a) amending wife's return to make it MFJ, or (b) filing an MFJ return with husband's name on top, will work to fix this.

Incidentally, the stimulus payment will be recalculated on your 2020 tax return.  If you qualify for more then than you were paid now, the extra will be added to your refund.