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If married filing separate, if one spouse has already filed but needs to amend it,can the other spouse go ahead and file without getting penalized?

Forum|Forum|7 years ago
June 3, 2019
4 replies
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we both wanted standard deduction,but filing said I itemized. that's what I need to amend.Just need to know if she can go ahead and file or she has to wait till I amend? p.s I have to use 1040x form to amend,are those available yet and do I also need to amend my Kansas state return also?

Best answer by LeeM

She can go ahead and file without getting penalized. Her return is not affected by yours since you file separately.

As far as the amendment form, it has been moved to February 22nd. The state amendment should be available at the same time. You can sign up for an email notification when the amendment form is ready in the TurboTax FAQ below:

https://ttlc.intuit.com/replies/7159321

macuser_22

Employee

Are you SURE that you itemized?

Very few taxpayers qualify to itemize in 2018 due to the new laws.

Look on your 1040 line 8.
If it is $12,000 (or $13,300 if you are over age 65), then you did NOT itemize. That is the standard deduction.
Also, if there is no Schedule A included in your tax return, you did not itemize.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

K

kaptkirk80Author

yes when I started my filing with turbo tax I clicked standard deduction,but further into the process it asked me if I had interest to claim from mortgage and savings,which I did so I filled in the amounts not knowing that was leading me into itemizing . T

K

kaptkirk80Author

Opps hit enter... anyway there was no indication from turbo tax that it was leading me away from standard deduct. didn't know till after I paid and e-filed and printed my return that I went over by $400

L

LeeMAnswer

Employee

She can go ahead and file without getting penalized. Her return is not affected by yours since you file separately.

As far as the amendment form, it has been moved to February 22nd. The state amendment should be available at the same time. You can sign up for an email notification when the amendment form is ready in the TurboTax FAQ below:

https://ttlc.intuit.com/replies/7159321

macuser_22

Employee

Don't rush to amend - amended returns take 4 months to process.

You should *wait* until your return has been processed and you receive your refund or conformation that any tax due has been paid. (If you file an amended return while you first return is being processed it can cause extended delays for both returns if two returns are in the system at the same time). In addition, if the IRS makes any change on your original return, you might end up having to amend the amendment – a sticky process that can take a year or more).

-- Then you can start the amend process.

-- Amended returns can only be mailed - allow 8-12 weeks - can take up to 16 weeks (4 months) for processing.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**