How can I amend the married filing jointly to married filing separately in the desktop version TurboTax?

[spaceswimer]

I have filed married filing jointly for 2023, IRS has accepted it. When I try to use the desktop version TurboTax to amend it from married filing jointly to married filing separately, should I amend it to a married filing separately form for myself, and then create a new tax return form for my spouse? Or should I amend the married filing jointly form twice, one for my spouse and one for myself?

[Vanessa A]

You would need to amend it twice, once for each of you to file a separate 1040x

[VolvoGirl]

Sorry I don't think you can amend from Joint to MFS after April 15.

[VolvoGirl]

See note at top of this article

https://ttlc.intuit.com/turbotax-support/en-us/help-article/small-business-processes/switch-filing-j...

[spaceswimer]

Thank you for the reply. Based on my understanding, the amendment can be submitted within 3 years after the due date. I checked <26 USC 6013: Joint returns of income tax by husband and wife>, and cannot verify that the original tax filing due date is also the due date for this kind of amendment. Can you provide more information about the due date for amending a joint filing to two separate filings?

[VolvoGirl]

All I found so far.....

See IRS 1040X instructions page 5 Caution note

https://www.irs.gov/pub/irs-pdf/i1040x.pdf

The due date of the original return is April 15.

[SusanY1]

The taxpayer filing status cannot be changed from joint to separate by amendment, except when the amendment is made prior to the original due date of the return.  The only exception to changes from Married Filing Jointly status after the due date are when the marriage was not valid (or has been annulled) or when one spouse alleges that the other forged a signature to file without consent, or a limited one-year exception for a joint return filed by a surviving spouse. 

One source for this is the IRS processing manual: HERE.   

26 USC 6013 outlines that a joint return can be filed combining previously separate returns within 3 years, but not the other way around.  This section of code deals with when a joint return can be filed.  An amendment of this type isn't covered here, as it's attempting to separate a joint return (not file one.)