MFS filed, but MFJ is desired...how to?

[sshams95]

Situation:

Client brings paperwork to me. His spouse has already filed MFS. He wants to see if MFJ was the way to go, he has not filed any return. MFJ proves to be a more desirable refund result.

How do I process? Should I:

1. File him as MFS, then do a 1040x for MFG?

or

2. File 1040X for his spouse, showing MFJ data as the amended return?

Thanks!

[Wayne Brasch]

Situation:

Client brings paperwork to me. His spouse has already filed MFS. He wants to see if MFJ was the way to go, he has not filed any return. MFJ proves to be a more desirable refund result.

How do I process? Should I:

1. File him as MFS, then do a 1040x for MFG?

or

2. File 1040X for his spouse, showing MFJ data as the amended return?

Thanks!

I would contact her telling her that it would be better for them to file jointly and that you were going to complete a form 1040X to file them as Married Filing Jointly. See what she says about that. There may be some reason that she does not want to be associated with his return filing. She should, at that point, relate that concern to you, maybe.

Wayne Brasch

[David1980]

2. File 1040X, list spouse name first, add his info. Assuming the spouse is willing to file MFJ, as Wayne was saying.

[sshams95]

Yes, spouse wants to file MFJ, so there is consent on both sides. Not sure why she did MFS. '

Thanks for response....I will file 1040X as described above.