Tax Amendment - to Married filing jointly from Single.

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Married in 2012
from 2012 to 2018 - tax filing status single
Spouse and kid came to usa - only in dec 2019 and they got ssn in 2020. They are gc holder in 2019.
About to file tax return for 2019 (married jointly) and would like to amend last 3 years tax return (2016,2017,2018) from single to married filing jointly.

My Tax Accountant is saying it is not sure if the amendment will be accepted.
What is the chances of tax amendment to be accepted?

If the amendment is not accepted it simply means I donated 10's of thousands of dollars

Last edited: 07-Sep-20 04:00 PM

maxpayne

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Your spouse and children didnt have any legal presence in the states until 2019 (not even irs wise) , until then you are legally required to file married as single.
24K deduction is because two accounts are combined. looks unfair but it is what it is.

deepocean

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I had been filing ‘single’ instead of ‘married filing single.’
May be All these years I should have filed married filing jointly getting ITIN number. May be That might have given me at least something back.

logan

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Deep,
You are right, my distant cousin who married and his spouse was living in Nepal filed tax with ITIN number who were not in US.
You have to seek various options.
What happen to so called Tax expert in sajha? No more commenting, must be married.

deepocean

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I was told by the Tax professional(of course Nepali) that I can amend later. Now different Tax professionals says different thing. Few says, I can amend and can get the return. Few says I can’t.
One said that IRS ll hunt me down and so on.
Indeed I donated large amount of money.
Since 2012 till 2019 -
I would have saved Around 7k Each year.
7*8 = 56 k
I donated.

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