Have a Tax Question? Ask a Tax Expert
Hello, Thank you for using justanswer. I can assist you with your questions today.
I just read through your facts.
Yes the married filing jointly ammended return is the best option for you. (Most definitely)
you do not need to file a petition along with it. The ammended return Form 1040X will ask for an explanation of the changes which you can plainly state that you incorrectly filed as head of household.
Basically since you were legally married up till Feb of 2013 you and your ex-wife could only file as married filing seperately or married filing jointly (assuming she was a U.S. citizen and or U.S. resident)
Your spouse will need to amend her return as well basically reporting nothing.
See link here from H&R block on how to do this - http://www.hrblock.com/tax-answers/services/jsp/article.jsp?article_id=64940
Thanks for your help. To clarify, the notice from the IRS stated that if I wanted to file a petition, I would need to do that by September 23rd. You're saying that I do not need to respond to the notice, that it's enough to just re-file as married filing jointly? Do I need to respond directly to the notice to tell them that is what I'm doing?
I would suggest responding to the notice and disclose your intent to remedy your error (i.e. by filing married filing jointly)
That way they can document your account and when the amended return comes in it is not a surprise.
Yes, that answers it. Thank you!