Clerical Filing Error - Spidell

Clerical Filing Error

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Message Board Clerical Filing Error

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    • #184706
      Ryan Tiret
      Participant

      Yesterday we were filing a Married Filing Separately tax return for a client which would save them approximately $6K in California tax.  My office administrative staff made an error and accidentally submitted the joint return for filing which was immediately accepted.  I subsequently researched and found that we cannot amend a 540 return to change filing status from MFJ to MFS, unless exceptions are met, which we will not meet.

       

      My question is whether I have any ability to file an amended return as a result of a simple clerical error.  The prior year tax return was filed separately, and all 2018 estimates were made separately by the taxpayer and spouse, so we have a good argument to show we had every intention of filing separately.

       

      Let me know your thoughts and recommendations on what to file if you think we have a good argument.

    • #184738
      Lynn Freer
      Participant

      If they filed a federal separate return, they can amend as they must use the same filing status (with some exceptions) See ¶21-002 Quick Guide to California Nonconformity for Taxable Year 2018 (PDF) from Spidell’s Big Blue Answer Book

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