We sent out a W7 and joint tax return. The preparer used “the married name” that doesn’t match with my maiden on the passport and I don’t have any other form of ID

[johannadepana]

We received a letter requesting more information from IRS saying that the passport is not valid, even after we sent out the marriage certificate. There is nothing that backs up the married name but that. The question is, should we send an amended Tax return 1040x with my maiden name? How does it go? It was 100% the preparers fault but don’t know what to do now 

[SweetieJean]

What preparer?  TT is not licensed for use by paid tax preparers

[johannadepana]

My husbands tax return were prepared by an accountant that is also a certified acceptance agent. In his opinion both last names had to match.

[Opus 17]

No, you should use whatever name is on your identity documents for both the W-7 and the tax return.  Lots of married couples use different last names. Your preparer should fix this for free, especially since they are also an acceptance agent.

[johannadepana]

So in order to fix this should we have the preparer prepare a new tax return and W7 with my maiden name and refile both ?

[Opus 17]

No, you already filed a return, the problem is that the IRS is having a hard time verifying you.  You can't submit a new tax return, you need to give the IRS whatever they need to verify you.  The acceptance agent is supposed to be the expert on that -- they should call the IRS as representing you, talk to the agent handling your case, and find out what they need to do to fix this.  Only if the agent says to file an amended return or a different return would you do that.

I don't know the steps because this is not my area -- you hired an expert, they should fix it.  If they can't, you hired the wrong expert.  Find a better one and demand a refund from the first one.

[johannadepana]

Understood thanks !

[johannadepana]

One more question, if our expert is not capable of explaining this to the IRS. I understand my husbands tax return will still go through not including me.

Is this now considered as filing single ?

 If it is, can we later amend the tax return from Single to Married?

[Opus 17]

You don't have anything to amend, you have a verification problem.  If you paid a legitimate preparer service they should help you out at no charge.  You may also need to call the IRS or go to an IRS service center in person, explain your situation, and see if they can help you.