i already efiled fed and NM state before UCE credit. How do I amend my return now?

[diane2021]

I have 2 issues.

1.   I mistakenly filed as single and it should have been maried filing separately (I am legally separated for 2 years).

This mistake transferred  the filing status of single to carry forward to my NM state return

2.  I E-filed my returns before the UCE credit.

How do I amend the fed return and refile it and my NM state return?

[AmyC]

Issue 1.  You can change your status from single to MFS when you amend. Once your original return is accepted and the finances are settled, you can file an amended return.

• Save a copy of the original return before doing an amended return. See: 
  • how to file an amended return.
  • I need to amend my state return.
  • Can I e-file my amended state return?
  • Can I e-file my 1040X to amend my return?
• Track amended return status online. Taxpayers can track the status of their amended tax return in English and Spanish using Where’s My Amended Return?  Amended returns take up to 16 weeks to process and up to three weeks from the date of mailing to show up in the system.

Issue 2: The IRS has recently issued guidance that they will be processing those returns with unemployment and sending refund checks this spring and summer. See IRS NewsRoom

Meanwhile, NM has not issued guidance and says to stay tuned. Personal Income Tax deadline extended until May 17 - New Mexico

All together, this means that currently, your federal amend would only be to change your filing status. Your NM should wait until the state offers guidance.

[diane2021]

so you are saying that i can do ann amended return AFTER i get my FED refund?   Also now I hve a new problem.  My refund status says my refund was used to oay for a previous tax liability from 2018-  my husband did not pay taxes and or child suppoet for his kids and even tho we have been seoarated for 2 years the IRS took MY refund for the debt!!!!!   What shall I do now?  If I file an amended return and am eleigible for another refund, they will take that too!

[ReneeM7122 · Accepted solution]

You can file Form 8379, Injured Spouse, to get back your portion of the levied refund.

Here is a link to the IRS website with more information.

Regarding the amendment, yes, you can do it after you receive your refund.  Here is an IRS link with information about whether you should amend your return.