Incorrect prior filing for MFJ for same sex couple.

Forum|Forum|3 years ago
May 12, 2023
2 replies
16 views

Happy Friday,

I've been reviewing returns for couple who thought they were filing married filing separately, but prior preparer still had them as single. They would just like to correct going forward, rather than pay for the preparation costs to amend prior returns. I've never had a former return with an incorrect filing status, and curious the thoughts of the hive. 😉

Thank you!

This topic has been closed for replies.

Best answer by BobKamman

They still want to file MFS, not MFJ? Would MFJ result in tax savings? Your job is to tell them of the error, and advise them of the ways to fix it. You can't twist their arms if they want to let sleeping dogs lie. If they ask how likely it is that IRS discovers the error, my response would be to point out there is no central database of marriages and divorces.

BobKammanAnswer

Level 15

They still want to file MFS, not MFJ? Would MFJ result in tax savings? Your job is to tell them of the error, and advise them of the ways to fix it. You can't twist their arms if they want to let sleeping dogs lie. If they ask how likely it is that IRS discovers the error, my response would be to point out there is no central database of marriages and divorces.

George4Tacks

Level 15

Amend the returns. The returns are totally incorrect, as they were not single. Of course the decision is up to them, but advise them that it could be considered fraud.

Answers are easy. Questions are hard!

BobKamman

Level 15

It could be considered a lot of things, mostly negligence, but there is no indication of intent, which is needed to prove fraud.

Sign up

Login with SSO

Let's get you signed in

Login with SSO