We were separated in 2024. She filed MFS and I filed an extension. Our attorney is advising us to do MFJ, how do we go about this? Does she amend her return to Married Filing Jointly or do I just file as Married Filing Jointly? 😥
MFJ usually saves money, but it makes you each legally liable for any errors, omissions or misstatements on the joint return. I'm surprised your attorney would advise this--hopefully your spouse is honest and truthful on their tax information, and you are honest and truthful to them. If there are any shenanigans suspected, you should file MFS even if you may pay higher taxes.
Anyway, yes, as stated, if your spouse already filed MFS and you did not file, the correct way to file MFJ is for your spouse to file an amended return and add your information. You file nothing separately. The fact that you filed an extension under the assumption that you would later file MFS is not an issue.
Note that if there is a refund expected from the amended joint return, the IRS will not do direct deposits on amended returns, they only mail paper checks, to the address used on the return. You should have an agreement about how this will be divided. And the amended return will probably take 4-6 months to process.
@TPergu60 If you were still legally married at the end of 2024, your filing choices are to file married filing separately or married filing jointly. You can file a joint return IF both spouses agree to file that way. Since your spouse already filed a MFS return, if the two of you now want to file jointly, your spouse must amend their return to change it to a joint return and then enter all of your income and information onto that return, using a Form 1040X.
To amend the return:
Wait until your original return has been fully processed before you amend, and make sure you have saved a pdf of the original return before you amend. (If you do not save it as a pdf, the amended return will overwrite the original, and the original will be lost forever)
See this TurboTax support FAQ for amending a tax return -
CURRENT YEAR
Do not expect quick results from amending. It can take four months or more for the IRS to process an amended return.
You can watch for information here:
https://www.irs.gov/Filing/Individuals/Amended-Returns-(Form-1040-X)/Wheres-My-Amended-Return-1
HOW TO AMEND FROM MFJ TO MFS OR FROM MFS TO MFJ
MFJ usually saves money, but it makes you each legally liable for any errors, omissions or misstatements on the joint return. I'm surprised your attorney would advise this--hopefully your spouse is honest and truthful on their tax information, and you are honest and truthful to them. If there are any shenanigans suspected, you should file MFS even if you may pay higher taxes.
Anyway, yes, as stated, if your spouse already filed MFS and you did not file, the correct way to file MFJ is for your spouse to file an amended return and add your information. You file nothing separately. The fact that you filed an extension under the assumption that you would later file MFS is not an issue.
Note that if there is a refund expected from the amended joint return, the IRS will not do direct deposits on amended returns, they only mail paper checks, to the address used on the return. You should have an agreement about how this will be divided. And the amended return will probably take 4-6 months to process.