I did just that, just filed the amended return to change filing status from married filing separately to married filing jointly, acknowledged as received on Jan. 15 by IRS. Now over 16 weeks later, return still has not been processed by IRS. Amazingly, IRS representatives have no way to check up on the amended return further, and they are advising that it might be lost and to send it in again to normal filing address and wait another 16 weeks for a perhaps different result. That's not very definitive, and having the same amend return processed twice might be bad, so I've instead asked for a Congressional inquiry as to the return's disposition before sending the amended return in again. It's a bit strange in my case, as filing separately would result in a balance due and late filing penalty plus penalty and interest on the amount due, but filing jointly results in a very large refund! So, by skipping the separate filing step, I am also dodging penalties, and I can see how they might not like that! In fact, even if money were owed on the joint return, it's not clear to me if the late filing penalty would apply on the added spouse somehow if the original separate return was filing timely, as amended returns are handled by IRS as a request for an adjustment to a previously filed return and not as a new return. ... View more

What if only one of the spouses has filed their separate return so far?  Does the second spouse still have to a separate return (even though it will be later disregarded) before filing the amended return on one of them to change the filing status to married filing jointly?  Or, can the one return that was filed be amended immediately to convert to married filing jointly, and in so doing satisfy the other spouse's filing requirement? ... View more

It is also possible you may use the "Head of Household" or "Widow/Widower" filing status in later years rather than Single.  There are certain requirements (like qualifying dependent) which must be met for you to qualify to use these statuses, however.   What you're doing here is really dangerous for you, because as the above demonstrated, tax rules can get complicated and many circumstances you didn't realize are relevant can change your tax benefits or liability significantly.  Another example is the "kids who do not live with you", but if you're filing jointly with your spouse and they lived with them, then they do live with you!  And of course there is the health insurance individual mandate.  And then what about foreign income?   Also, have you or your spouse filed in previous years?  The final deadline to file or amend for tax year 2015 is coming up April 15, 2019.  Amending means things such as claiming a tax credit that was omitted on the original return or changing the filing status from filing separately to filing jointly, which can only be done until that final date.    I understand that you're still dealing with the death and all, and probably would rather just skip the taxes this year if at all possible (or rather, defer doing them until next year).  However, this community is not the correct place to get advice on what you should do or are required to do, rather it is a place to ask general questions on the tax law and procedures and get opinions on what might be appropriate.  I've said earlier, and I'll say again, you should get professional advice or at least go through the tax software interview process to get the best picture possible about what filing taxes would mean for you and if you owe anything.  If you don't understand something in there, then ask a specific question about that topic, not a generalized question like "AGI is all that matters to determine if I need to file" which is very open-ended.    Good luck! ... View more

The normal filing due date for the tax year 2018 return is April 15, 2019. The extended filing date is October 15, 2019. Paper returns need to be mailed after mid-November, 2019 when tax year 2018 e-filing shuts down. The final filing date is April 15, 2022. Tax software like TurboTax will operate within these deadlines. You've never filed a return before and don't know this? There are too many possible situations for anyone to say with certainty that you must file or should file. For example, kiddie tax, household employee tax, retirement account withdrawal taxes, and things like child tax credit might apply to you based on other factors you forgot to mention because you didn't realize they were relevant. You're asking the public community to prepare an informal, draft return for you, for free in a public forum, based on a brief sketch you've provided. Not only is there a huge liability for someone to do that, plus privacy issues, there's a high possibility of inaccuracy. The best thing for you to do is go through the tax software interview process and find out the result! ... View more

The short and simple answer: It does not matter. You can purchase the home together but apply for the loan in just one name. Typically, you want to own the home in both names to protect marital rights, such as survivorship.  Typically, you want to apply for the loan on just one name unless you need the income from both parties to qualify. But some people still prefer both parties to be on the loan in order for them to be jointly and severally liable to the bank for the debt. If you file jointly but apply for the loan in one name, they will use your supporting documentation (such as W-2's) to determine how much of the income shown on the return is yours. ... View more

1099's and W-2's, etc. are not typically mailed until the end of January. You can also often access them electronically from the bank or other business in question. You probably qualify for free file if you're thinking you may not need to file. It would be wise to draft a return using one of these programs, just to make sure you do not owe any tax. To set up an account for 2018 after filing season ends will likely cost money. As long as you're sure you do not owe any tax or you are due a refund, you have 3 years to file the return and claim the refund and any credits (E-file, however, shuts down in November). If you find you owe money, you can also make an estimated or extension tax payment now (i.e. before April 15) to avoid penalties from applying when you later file. Hope that helps! ... View more

I think you need to review IRS publications on casualty losses and gains, court settlements and awards to answer this question. ... View more

Did the check clear?  If paid electronically, were the payments debited, did you get a payment confirmation?   Other than those methods, IRS just considers it received as of the date mailed or payment processed.  If it isn't received, they'd open an assessment after processing your return and then you'd submit the evidence that you paid the tax in order to cancel it.   Is this inquiry perhaps related to the partial government shutdown and the January 15th estimated tax due date for 4th quarter?  I would not be surprised if IRS is delayed in depositing these checks!  Hopefully, whoever is still there in the mail room is at least segregating incoming mail by date received, for later reference when they re-open and it eventually get processed.  If not, keep any evidence you may have for date of mailing. ... View more

If the LLC is a disregarded entity for tax purposes, you just claim the rental property income and expenses on your personal return using Schedule E.  If the LLC is treated as a partnership, then the partnership's return will provides the information on the property's income/expenses to IRS, and then you each get a schedule K-1 to use for paying the tax on your personal return.  If the LLC is treated as a corporation, then it depends whether it is an "S" or "C" corporation and gets taxed as a pass-thru entity or a separate entity, respectively. ... View more