change filing status on 2019 return (amendment)

Forum|Forum|5 years ago
February 2, 2021
1 reply
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My husband is active duty military with residency in Texas. In 2019, we lived in Delaware (my domicile; his location due to PCS). Turbotax recommended that we file "married filing combined separate." However, in doing so, his military earnings were taxed in Delaware where they shouldn't have been. I tried filing an amendment through Turbotax but cannot change my filing status to "married filing separate forms" like a state auditor suggested. We ended up owing money to Delaware because his earnings were taxed. Otherwise, we would have received a refund. And now we live in Guam. Please help!

I tried to call Turbotx to speak to a person but was unsuccessful

TurboTax Premier Online

Best answer by ErnieS0

TurboTax will not allow you to change Delaware to married filing separate if the federal is married filing joint. So first create a mock married filing separate federal return in order to get Delaware to give you the option to create a separate return.

You can amend your return using TurboTax CD/Desktop. After downloading and installing the amend software, create the mock married filing separate federal return.

Delete all your husband’s income and any specific deductions. If you itemized deductions, you will have to decide how to divide them
Change the filing status on federal from joint to separate in Personal Info
Then go to State and keep going until you reach Change a Previous Delaware Return. Say Yes and amend

This link has some helpful information: How do I prepare a joint federal return and separate state returns?

WendyN2

An amendment of this type, due to your unique situation, should be mailed in - and send Certified Mail/Return Receipt Requested. That way when they receive it and sign for it you will then receive back the "green card" that they signed and this is your "Return Receipt".

If what I am reading is correct and that you still owe Delaware (i.e. - you have not yet paid them) do not pay them.

So, if your home of record (domicile) was Texas when you joined the military, you remain a resident of that state, even if you are stationed in the other State. This other State is your "non-resident" State for tax purposes.

Here is a link with some helpful information for your situation:

Military State of Residence For Income Tax Purposes

lge27Author

No, we paid the money last year when we completed our 2019 return. So, we need to get that amount refunded. My husband's state of residence is Texas and I indicated that on turbotax when I completed my file. I was a resident of DE before we got married. So, I'm trying to file an amendment to change the filing status but the turbotax amendment program isn't letting me.

ErnieS0Answer

You can amend your return using TurboTax CD/Desktop. After downloading and installing the amend software, create the mock married filing separate federal return.

Delete all your husband’s income and any specific deductions. If you itemized deductions, you will have to decide how to divide them
Change the filing status on federal from joint to separate in Personal Info
Then go to State and keep going until you reach Change a Previous Delaware Return. Say Yes and amend

This link has some helpful information: How do I prepare a joint federal return and separate state returns?

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