Extension and MFJ

[chadw]

If an extension was filed with both the husband and wife on the extension, can they still file MFS vs MFJ.

I know you can't amend to MFS once you file a return MFJ, but I wasn't sure if the extension locks you into MFJ.

Thanks

[ILLMAS]

If an extension was filed with both the husband and wife on the extension, can they still file MFS vs MFJ.

I know you can't amend to MFS once you file a return MFJ, but I wasn't sure if the extension locks you into MFJ.

Thanks

I would just send a copy of the extension for both returns, I really haven't seen an extension declined in a while. The last one I remember that was declined was because it was filed over 6 months and the client wanted a payment plan. I usually send a copy of the extension even though the six months have passed.

[michaelmars]

yes you can and i can't remember where but there is a schedule somewhere to allocate any estimated payments between the spouses

[ILLMAS]

yes you can and i can't remember where but there is a schedule somewhere to allocate any estimated payments between the spouses

I prepared an innocent spouse form once for a couple, the wife was making ES payments to cover the taxes on her federal pension and the husband had a levy because of child support. Even dough they filed MFS, they applied the ES payments to the husband accounts since the prior they filed MFJ and his named appeared as the main taxpayer. Anyway I had to file an innocent spouse form and the IRS released the ES payment from the husband and applied it to the wife account. She then recieved a refund after a while.