Welcome back! Ask questions, get answers, and join our large community of tax professionals.
cancel
Showing results for 
Search instead for 
Did you mean: 

MFJ Couple where one spouse is under 75k and wants to get the 1200

Highlighted
Level 2

I have an interesting situation.  I have a couple who was going through a bad contentious divorce which was finalized in 2020.   For 2018 and 2019, they filed MFJ and had joint income over 200k.  They were barely talking!  The wife income was only 65k and the husband was about 135k.   This is consistent for 2018 and 2019.

Now the fun part.  The wife asked if we can file MFS for 2018 and 2019 so she can be eligible for the 1200 payment.  I don't believe this is possible unless both parties agree since they would need to split the itemized deductions they had jointly for their residence.

Any thoughts or advice would be appreciated.

Many thanks. . .

Warren

 

 

 

Labels (1)
0 Cheers
9 Replies 9
Highlighted
Level 8

there's a reason he left her...………………...

If an answer solves your issue, click on the "Accept as Solution" button! Makes it easier for people to find answers to similar questions that have already been posed.
Highlighted
Level 15

A really good reason ............

ex-AllStar, ex-Lutefisk taste taster, ex-ACME product tester
and ex marks the spot where those rocks and anvils hit me.
Highlighted
Level 15

@wahcpa wrote:

Now the fun part.  The wife asked if we can file MFS for 2018 and 2019 so she can be eligible for the 1200 payment.  I don't believe this is possible unless both parties agree since they would need to split the itemized deductions they had jointly for their residence.


Actually, it's the other way round.  MFS is the default.  MFJ is an election, which both spouses have to agree to.

---------------------------------------------------------------------------------
Still an AllStar
Highlighted
Level 15
Level 15

Once you have filed your tax return as Married Filing Joint (MFJ), you CANNOT amend your filing status to MFS after the due date of the return

So 2018 is out of play.

2019 you could amend, BUT nobody is processing paper returns at IRS right now, so you're out of luck with that plan too.

So if this is all about the stimulus, you're just spinning your wheels.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Highlighted
Level 15

Ah, I didn't even read the part they already filed.

---------------------------------------------------------------------------------
Still an AllStar
Highlighted
Level 11

@Just-Lisa-Now-  "2019 you could amend, BUT nobody is processing paper returns at IRS right now, so you're out of luck with that plan too."

It would be foolish for this taxpayer to file a superseding return, but other practitioners may see a case where it should be done.  No, it's not too late.  (A Monday memo from OMB allowed agencies to “begin adjusting their operation status for a controllable, steady return to normal operations.")

https://procedurallytaxing.com/this-tax-season-may-create-many-superseding-returns/

Highlighted
Level 12

@wahcpa wrote:

divorce which was finalized in 2020. 

 


It is 2020 credit.  If her income still qualifies in 2020, she'll get it on her 2020 tax return.  So why try to mess with prior tax returns?

Highlighted
Level 15

Everybody kinda misses that point and besides, everybody wants their money NOW ....... or sooner if possible.

ex-AllStar, ex-Lutefisk taste taster, ex-ACME product tester
and ex marks the spot where those rocks and anvils hit me.
Highlighted
Level 12

"They were barely talking!"

I've never seen more than "barely" as a requirement in the regulations, though. They obviously talked enough to Sign their return.

*******************************
"Level Up" is a gaming function, not a real life function.