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Posted
4 hours ago, Randall said:

Does an extension MFJ cover both spouses if they decide to actually file MFS?

 

Yes.  Of course you need to make an effort to complete the lines on the 4868. 

  • 4 weeks later...
Posted

With the due date approaching, which would be preferable if one may owe in a MFS situation?  File a joint extension with no payment due?  File separate extensions with one making a payment with the extension?

Posted

Well, if I know already it's a MFS situation, or if they're going to fight over who paid what,  I'd file separate extensions and have the spouses send (or initiate online) separate payments.  The extension is an extension to file, not an extension to pay, so I'd encourage them to pay what they owe by 4/15/19. 

I think IRS will credit the taxpayer (as opposed to the spouse) if spouse sends an estimated payment or extension payment on a "joint" voucher.  Pretty sure.

  • Like 2
Posted

Thanks for comment.  Couple getting divorced.  Were not my clients.  Attorney in the building (and other attorney) asked me to prepare the returns.  I prepared a draft showing both outcomes.  Problem is there is one child so I prepared two drafts of MFS showing each claiming child.  The outcomes were quite different.  I didn't comment on it but I think it's an uh-oh situation.  I haven't heard back but I think they're fighting it out.  With the due date approaching, I wanted to mention to the attorney about the extension and wanted to know the best approach with the extension.

 

Posted

Definitely separate extensions.  I'd calculate each under a worst-case scenario and recommend that they pay according to that outcome.  Either or both can choose to pay less than the estimated amount due (or even no payment at all) and the extension will still be valid, but that should strictly be their call (or their lawyer's). Give them the 4868 on paper so they can complete the process as they see fit.

 

  • Like 1

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