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Yes, you may file an amended return, including amending to change filing status. Your spouse must agree. Since you both will effectively be filing an amended return, it's more complicated.
You have three years to file an amended return.
@ediben11 wrote:
After filing as HoH I I got hit with large penalty because I missed the deadline while I owe tax to States and Federal. Can I ask the IRS to amend my federal return and re-file a joint tax ? is this possible. I'm overwhelmed with this Turbo-Tax SW.
I'm not sure why you would owe a penalty for the 2022 tax season, it's not even past the filing deadline yet. Were you asking about a prior year (2021 or earlier)?
If you filed HOH, but were legally married and want to amend to Married Filing Jointly, that is allowable at any time up to 3 years after the original filing deadline. Both spouses must agree.
Has your spouse already filed? If not, that will make it easier to amend. If you have both filed, you may need to post back for more details. You should not file your amended returns until your original returns are processed and any refund is paid.
If audited by the IRS, three things to keep in mind.
1. You are guilty until proven innocent.
2. The burden of proof is on the accused (that would be you) and not the accuser.
3. If it's not in writing, then it did not occur.
I was talking about my 2021 tax year. I filed as HoH and spouse file as separate because she lived in another state. Though it was easier because TurboTax was unable to handle my investment Now I found out we should have considered the joint filing (less tax and probably less penalty because I missed the deadline. Can I call the IRS and ask to amend ? or just pay what IRS is asking and then file a new amended return ?
It's probably best to pay what they're asking for now, in case what you owe is accumulating interest. You can pay online at www.irs.gov/payments and make absolutely certain you select the correct tax year.
After you pay, you can file an amended return. For a 2021 amended return, I don't think you can e-file it, but not sure. If not, you'll have to mail it.
Thanks a lot for you your help. If I decide to amend my Tax return from HoH to Joint filing, do leave the state filing as is or I must to do and amended return for each state is have. In my case I have income in CA, my spouse have income form CA and WI
I really want to send you to an accountant, because there is a lot going on here.
Generally, you have to file your state tax returns, according to the same filing status as your federal tax return. If spouses live in two different states, it is often possible for them to file married filing jointly on their federal return, but separately on their state returns, although depends on the laws of the specific states. (It doesn’t matter where the income comes from, it matters where the spouses have their permanent residences.)
To amend two head of household returns into one married filing jointly return, would involve amending one of the federal HOH returns to married filing jointly by adding the other spouse’s tax information. However, certain adjustments will have to be made manually to account for any tax payments or refunds received by the second spouse. Filing the joint return will automatically cancel both HOH returns. Then, for the states, it sounds like you might be able to leave one separate return alone, but amend the other state HOH return to married filing separately.
You still haven’t described why you owe a large penalty, and it’s not clear that filing an amended return will change that and suddenly turn a penalty into a refund. Given the uncertainty, and the impossibility of anyone on this board, being able to give a answer that considers all factors without actually telling us all the factors, you may be better off to see an accountant in person.
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