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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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How many years can I go back to refile(correct) my tax return? I

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How many years can I go back to refile(correct) my tax return?
I am divorced, and just found out that my ex did not file the tax return for year 2008 correctly (we filed jointly). Can I now refile independently?
Thanks.

Lev :

Hi and welcome to Just Answer!
There is NO time limit to amend your tax return. The statute of limitation applies to the claim of additional refund. Thus - there is three year period to claim any additional refund. For instance the income tax return for 2008 was due by Apr 15, 2009 - and the statute of limitation to claim a refund run out on Apr 15, 2012. So if you amend your 2008 tax return and will claim additional refund - the IRS will not issue any refund check.
In additional - you may not change your filing status from married filing jointly to married filing separate after the due date of your refund. That means - the change will not be accepted by the IRS after Apr 15, 2009.
If you want to amend your 2008 tax return - it should have the same filing status - and both spouses have to sign even if you currently divorced.
It makes sense to amend if you still owe taxes for 2008 and your tax debt will be reduced.

Customer:

thank you.

Customer:

I am going to file the form 8857, is it the best move rightnow?

Lev :

You are welcome. Sorry if you expected differently.
If you have a tax liability from 2007 - filing a Request for Innocent Spouse Relief if one of possible options. Another option is to amend your 2008 tax return but both spouses have to sign.

Customer:

Thank you. You have been very helpful.

Lev and other Tax Specialists are ready to help you