Filing 2021 taxes without info from amended return?

[PFloyd]

Greetings,

I sent in an amended 2019 return in February and it has still not been processed and I can't get through to the IRS on the phone.  I know people are waiting 6+ months, but I was waiting on the amended return to be processed before filing my 2021 taxes.  The reason for the amendment to 2019 was that I carried back Section 1256 (contracts and straddles) losses.  If the amended return were to be rejected for some reason, then I'd want to carry some of those losses from 2020 to 2021 instead.  I was also under the impression that the IRS sends a form (when you submit an amended return) that is to be used in filing following returns.  At this rate it doesn't seem like the amended return is going to be processed in time for the mid-October deadline for filing delayed 2021 taxes.  Should I go ahead and file 2021 taxes assuming my 2019 amended return will be accepted as-is or should I keep trying to reach the IRS?

Thanks for any help

[tagteam · Accepted solution]

You really do not have a lot of options; you have to file your 2021 return by the (extended) due date.

I have a few clients whose 2019 returns have been delayed. Two have not yet been processed (both due refunds - one where the taxpayer is deceased) while another has been processed but several issues have been raised by the IRS (even after additional forms have been filed and explanations provided). 

[Opus 17]

I've never gotten any information from an amended return except a letter after it was completed, saying my return was adjusted and a refund was on the way (and the letter usually arrived after the check).

I don't know any way of forcing the IRS to bump your return to the front of the line.  I think you just have to file as if it would be accepted, and then amend later, unfortunately.

Alternatively, if you have already paid your taxes, there is no actual monetary penalty for filing late, but you may lose other statutory benefits.  So I would pretty much think you can wait until October 17 but then you need to file, using the best info available to you.