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Level 4
March 31, 2023
Question

Form 1040X question

  • March 31, 2023
  • 1 reply
  • 7 views

I need to amend previous tax returns as I did not include a Form 8938.  There will be no other changes, this reporting makes no difference to my taxable income.  Could I print out the original tax returns submitted 

write 1040X on the top of form and mail in with the missing Form 8938?  

    1 reply

    fanfare
    Level 15
    March 31, 2023

    I've read IRS will accept that , but there's no reason to do it that way.

     

    The correct way:

    get Form 1040-X from IRS website and mail it in with your 8938, which you can also get in fillable PDF.
    Note: since you are not changing any dollar amounts on your amended tax return, you can leave all the lines 1-23 EMPTY.

    Part III explanation: "didn't include Form 8938 with e-File".
    You will have to mail it so this does not use up your one 1040-X e-File.

    mdd108Author
    Level 4
    March 31, 2023

    thanks @fanfare how many years back would you advise me to submit these 1040x - for missing forms 8938.  

    fanfare
    Level 15
    March 31, 2023

     

     

    IRS says:

     

    Reasonable Cause Exception
    No penalty will be imposed if you fail
    to file Form 8938 or to disclose one or
    more specified foreign financial assets
    on Form 8938 and the failure is due to
    reasonable cause and not to willful
    neglect. You must affirmatively show
    the facts that support a reasonable
    cause claim.
    The determination of whether a
    failure to disclose a specified foreign
    financial asset on Form 8938 was due
    to reasonable cause and not due to
    willful neglect will be determined on a
    case-by-case basis, taking into
    account all pertinent facts and
    circumstances