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We have been filing income taxes as married, filing jointly,

Hello My name is*****: What...
Hello My name is*****: What state are you in? It matters because laws vary by location.
Customer: We have been filing income taxes as married, filing jointly, in California
JA: Has anything been filed or reported?
Customer: How can one change filing status to married, filing separately?
JA: Anything else you want the lawyer to know before I connect you?
Customer: How does that change affect deductions etc.?
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Answered in 4 minutes by:
10/10/2017
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,331
Experience: Taxes, Immigration, Labor Relations
Verified

That change is ONLY allowed before the due date of your tax return.

If you already filed your 2016 tax return as MFJ - married filing jointly - that may not be changed after Apr 15, 2017.

For your 2017 tax return - you will be able to choose your filing status without restrictions.

Questions?

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,331
Experience: Taxes, Immigration, Labor Relations
Verified
Lev and 87 other Tax Specialists are ready to help you
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Customer reply replied 2 months ago
We file this week for 2016 (got an extension). So we can change status for 2017?
Phone call session started

If you ALREADY filed your 2016 tax return - that may not be changed.
For your 2017 tax return - you may choose and may change your mind up till Apr 15, 2018 when that tax return will be due.

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As we discussed - here is IRS publication regarding community property states.

https://www.irs.gov/pub/irs-pdf/p555.pdf

Specifically for your situation - see page 7 - Community Property Laws Disregarded

In additional - you might want to review information from IRS publication 971 Innocent Spouse Relief.

https://www.irs.gov/pub/irs-pdf/p971.pdf

see page 5 - Community Property Laws -- Relief for Married Persons Who Did Not File Joint Returns.

Let me know if any clarification needed.

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Customer reply replied 2 months ago
Thank you very much!
I will consider this info and let you know if I need clarification.
Customer reply replied 2 months ago
Hello Lev,
I do have a follow-up question:
Today is the due date for our 2016 taxes. How should I proceed, if by the end of today, my husband refuses to either file or pay the additional $9500 in taxes we owe?
My main concern is to make known to the IRS that I am NOT in agreement with this, and that I have done all I can possibly do to file and pay our taxes on time. It is very important to me to establish that I am not complicit.
Would it be a good idea to contact the IRS tomorrow to ask for an appointment to explain the situation to them?

I may suggest that you will FILE your tax return today as MFS - and that will establish your tax return as filed.
That will help to reduce late payment penalty if you still have any tax due.
You will not resolve all issue today or tomorrow - but at least will be able to reduce penalties.

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Customer reply replied 2 months ago
OK. My tax preparer is not available until later this evening. So not sure this can still be done. But will try.
At least it would establish that I'm trying to be compliant.
Thanks!
Will let you know how it turns out.

If you will not be able to accomplish filing - the next step would be to verify if you have any outstanding tax liability and pay as much as possible and as soon as possible.

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Customer reply replied 2 months ago
Well, I have good news! Out tax preparer was able to go over the return with my husband by phone.
He actually complied, wrote the check for the Federal, and is on his way to mail it, as well as fax the return.
Our preparer will pay the State, and one out of state tax liability electronically tonight.Hopefully, this will take care of 2016. I do appreciate your assistance. Thank you very much!
In case of further issues, I'd like to call back, if that's ok.

Hi Susie,

appreciate your update.

That is the best outcome we may expect when you file jointly and before that extended deadline!
But be aware that extension you requested - that is an extension to file - not extension to pay.

So - your payments are considered as late - and additional penalty and interest charges still will be expected.

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Customer reply replied 2 months ago
Hi Lev,Thank you for that info. Everything we owed has been paid; so only the penalties are left. We'll find out soon enough how much!
Thanks again. Your advice has been very much appreciated.
Susie

After your return is accepted - you will have a letter in about 2 weeks from teh IRS and from FTB with exact amount of penalties - you will be given 10 days to pay in full.

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Customer reply replied 1 month ago
Oh ok. We've never had this situation before, so it's good to know this.
Thank you.
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Lev
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,331
30,331 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

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