Can Taxes Be Amended If Divorce Decree States To File Jointly?
Posted on | October 19, 2009 |
Can taxes be (forcefully) amended if the divorce decree states that the divorcees file jointly for a specific year, yet one spouse acts quickly and files separately claiming the children anyhow - against the court settlement?
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2 Responses to “Can Taxes Be Amended If Divorce Decree States To File Jointly?”
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October 19th, 2009 @ 7:20 pm
Separate returns can be amended to file jointly.
Joint returns can not be amended to go separately.
So, yes, the IRS will allow it. But how you force someone to sign an amended joint return is another story.
October 20th, 2009 @ 12:28 am
If you are divorced in the year, you can not file as married filing jointly or married filing separately.
If you are still married on last date of the year, you can file as married or head of household (if you qualify).