Problematic newly married MFJ - Spidell

Problematic newly married MFJ

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Message Board Problematic newly married MFJ

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    • #220245

      Had a newly married couple in 2017 where the lady does not want to voluntarily give up her taxable info after learning IRS withheld basically all his refund. Can I amend to file Married Separate? OR File an Injured Spouse Form?
      I’m filing 2018 and 2019 now as MFS.
      Thank You.

    • #220298
      Mark Bole

      The election to file a joint return is irrevocable after the initial due date (a superseding return could be filed before original due date/extension, but that is not your facts).

      Is this in California?  Injured spouse treatment does not always work as expected in a community property state.  Spidell research materials will have more information, I haven’t looked it up recently.

    • #220348
      Lynn Freer

      That is correct. Injured spouse doesn’t apply in community property states. thanks Mark

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