Client mistakingly filed MFS without other Spouses knowledge

[Edward]

Couple were married in February 2011 - friend gave him some bad advice and said he should file as single and his spouse to file as head of household. He went to H&R and filed his return a week ago & is expecting 1400 tax refund; and neglected to file MFS. His wife came in today and told me what transpired. I did not file her return in view of the problem. I then proceeded to call him and mentioned that he had really created a disaster by filing the return as he did.. He then agreed to get things back where they should be. He brought a copy of the H&R e-filed return and his w-2's. Since they both DIDN'T file MFS I am confused as to what method I could use to resolve this. Should I prepare a 1040x & zero everything out so that he now has a balance due back to IRS of the 1400.00? Sounds like the most logical approach. Any advice on this?

[michaelmars]

its been a while but in the 1040x instructions, there is something about how to handle in this situation where only one return is being amended.

[Lion EA]

If she has not filed yet and they want to use MFJ, you amend his MFS return to include her information. If his return had been in your system, you'd amend by adding her info.

However, when a return is not in my system, I don't try to put the original in my system (sometimes the errors prevent it from working anyway). I put the return as I want it to be in my system, in your case the MFJ (that also gives you a return you'll want to rollover next year). Then I call up a 1040-X but do NOT allow it to transfer data to column A; I want the MFJ info to remain in column C. Hand type the info from his original MFS return into column A. Your software probably handles the calculations for column B, new tax liability vs. tax already reported, etc.

[Pacun]

Enter the information as entered by H and R Block. Check return filed as single (imagine that your client never got married) for errors. If the single return doesn't have errors (based on single status) save it. Then click on file, amend return and save. On 1040, change from single to MFS or MFJ and then enter the w-2 info if needed.

Work on the 1040 and when finished, open the 1040X and see how all the info flowed correctly. Write the explanation and you should be OK to paper file.

[kcjenkins]

Remember, as long as they file the MFJ return by 4/17 it is a SUPERSEDING RETURN, and will be treated as if it was the original return. You can still do it on the 1040X, but write [i do it in RED] "SUPERSEDING RETURN" on the top of both pages.