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William Perez
William's Tax Planning Blog

By William Perez, About.com Guide to Tax Planning

How to Correct Mistakes on a Tax Return

Sunday April 22, 2007
Did you forget to take all the deductions you could have, or did you make some mistakes in preparing your tax return? You should file an amended tax return if you need to correct your filing status, total income, tax deductions, or tax credits. You should not file an amended return if you are only correcting math errors, as the IRS computers will fix math errors automatically. If you forgot to take any deductions or credits, you have three years from the original filing deadline to request an additional tax refund.
Comments
April 23, 2007 at 5:38 pm
(1) cc says:

Do I need to file an amended tax return if the amount I forgot to report was only $800? Thanks

April 23, 2007 at 9:35 pm
(2) taxes says:

Of course, you always need to report the correct amount of income. You can also report any deductions you forgot or recalculate your tax credits based on the new income figures.

April 24, 2007 at 1:59 pm
(3) Khaleef says:

Is it possible to file an amended return along with a substitue W2 form? My father had $150 in income from a job that didn’t send him a W2 form; we cannot contact the employer (he was an employee, not a contractor) or find out the EIN for state and federal either.

We need to report that income but since we don’t have those numbers, we need to file with a substitue W2 form.

Is this possible with an amendment?

April 24, 2007 at 2:31 pm
(4) William says:

Absolutely. You’ll need Form 4852 to report the substitute W-2 figures, and you’ll need some sort of backup documentation such as paystubs to show the IRS how much your father was paid and what taxes (if any) were withheld.

April 24, 2007 at 7:46 pm
(5) JEAN says:

WHEN THE FORM 2106 OR 2106EZ IS REQUIRED?

October 13, 2007 at 9:08 pm
(6) wei says:

Can the amendments be filed any time of the year, or have the same deadline (Apr 15th) as a regular tax return?

November 13, 2007 at 3:45 pm
(7) taxes says:

Amendments can be filed at any time of the year. The only deadline that is relevant: you have three years from the original filing deadline to claim a refund. So if you are amending to claim an additional refund, please file the amendment before the three year statute of limitations expires.

February 29, 2008 at 5:46 pm
(8) Rich says:

I just e-filed my 2007 tax return this past week. The IRS has already accepted it. But I just realized now that I forgot to include income, about $2000 in wages from an internship. Do I file the amended return immediately, or wait until I get the original tax refund first?

Thanks!!

February 29, 2008 at 5:54 pm
(9) William Perez says:

Yes, go ahead and file your amended return. You’ll need to wait about 8 to 12 weeks for the IRS to process your amendment, and in the meantime you’ll receive your refund check. On your amendment, you might have to some some additional tax, so you’ll want to set aside some of your refund money to cover the amount you’ll need to pay back.

March 5, 2008 at 5:14 pm
(10) Jamie says:

I have a few problems. I have already filed for and received my 2007 tax return. Then I recieved a W-2 from a previous job. I had left the job in Dec. 06, but received he final check in Jan.07 (probably the reason for not expecting anothe W-2). What do I do? Also, I recieved a notice from my current employer stating that because I am an HSA account holder I must file frm 8889. Also what is the difference between EIC and CTC? And can you get both? Sorry, I know it’s alot. Help!!!

March 5, 2008 at 5:16 pm
(11) Khan says:

I have already e-filed my 2007 taxes and have also recieved the refund. Later realized that I had forgotten to include an amount of $180 as interest income.
Do I need to file form 1040X or can I wait till next year to include this when doing my taxes for 2008?

March 15, 2008 at 12:30 am
(12) Lourdes says:

Hello,
I got my taxes all done and signed them and submitted them this morning. Just now while reviewing the paperwork I sent. I realized that I forgot to attach the miscellaneous itemized deductions statement (2 pages reporting a total of about 5000 in expenses).
And then I noticed that instead I sent my change of address attached to my return.
I am about to send a letter with the 2 pages I forgot to attach. I do not have to change anything in my return… just need to attach those 2 pages I forgot.
Any ideas??? Help!!!!

Thanks!!!

March 15, 2008 at 7:28 pm
(13) taxes says:

Lourdes, I think you’ll be fine. If the IRS has any questions or if they need extra pages, they will let you know. If the return cannot be processed for some reason (such as missing forms), they will sent the return back to you with an explanation of what they need. Otherwise, just keep those attachments in your tax files for at least three years. As for the change of address form, I am pretty sure the IRS will figure out what to do with it. Take care, William

March 17, 2008 at 7:21 pm
(14) girish says:

Is the time limit two years even if I owe additional taxes as a result of the amendment? Also, do I send the amount owed along with the amended forms, or do I wait for the IRS and FTB to send me a notice for the amount due?

March 17, 2008 at 7:27 pm
(15) William Perez says:

girish: you can file an amendment at any time if you owe additional taxes. The time limit is three years from the original filing deadline if you want a refund. I do recommend sending in a check with the return for the payment of the additional tax. The IRS will calculate penalties and interest on underpayment and send you a notice with the additional amount you have to pay. The penalties should be calculated only through the day the return is postmarked, so you’ll save a few bucks on penalties and interest if you send a check with the return.

March 17, 2008 at 11:09 pm
(16) Dilip says:

This year I realized that my Capital Gains & Losses were incorrectly reported for 2006 tax return. I plan to file an amended return to report the losses. I have two questions:

1) Do I have to use Form 1040 and 1040x from the year 2006 or I can use the forms given under 2007?

2) Can I use a software, e.g TaxCut 2006 that I used to prepare the original one, to prepare the new 1040 or I have to strictly have to use paper form of the new 1040?

Could you please answer my questions?

Thanks

March 18, 2008 at 9:34 pm
(17) William Perez says:

Dilip, yes you’ll have to use the long form 1040 even if you used a shorter form initially. And you can use TaxCut 2006. In that program there should be a menu option to prepare an amended return. This will pull in your data from the original return and walk you through the process of filing an amendment. In fact, using the same software to do this will make the process a lot smoother.

March 20, 2008 at 4:57 pm
(18) Dave says:

I just e-filed and got my response that it was accepted. Next day I got a form from a trust, (schedule K-1) showing interest of 800.00. Do I amend right now or on next year’s return. I’m am receiving a refund.
Thank you.

March 21, 2008 at 12:15 am
(19) William Perez says:

Dave, yes go ahead and prepare your amendment to figure the additional tax on this interest income. And then mail in the amendment along with your payment by the April 15th deadline.

March 22, 2008 at 2:12 pm
(20) Matt says:

I filed my tax return via mail only to realize that I hadn’t actually attached any of the W2’s to the federal or state returns. Should I file again, file an amended return or should I wait for the IRS to contact my requesting the W2’s?

Thanks,
– Matt

March 22, 2008 at 2:26 pm
(21) Alisa says:

I prepared and filed my son’s first ever tax return for 2007 and forgot the money he earned doing lawn mowing jobs. Should I file an amended return or will this be a red flag and cause the IRS to audit him and, therefore, cause my son a lot of grief? Also, this amount would put him above the $3,000 earned income and, therefore, he would become eligible for the tax stimulus package refund. Is this also going to put up a red flag with the IRS if I file an amended return to include that income?

March 24, 2008 at 12:02 pm
(22) Moris Behar says:

I completed my taxes and sent them in at the end of February. This is the first year that I have had an HSA and wasn’t sure about the procedures. I did fill out the form 8889 and since there was a zero balance at the end I figured I did not need to worry about attaching it. Since then, I re read the procedures sent to me by my broker and found out that I indeed needed to file the attachment as well. Do I need to do an amended 1040 just to attach the 8889 form, or should I forget about it and file it only if they come up with problems.

Thanks,

Moris

March 25, 2008 at 7:54 pm
(23) William says:

Moris: I would file the 1040X (amended tax return) and attach the Form 8889. That way the IRS will have the form on file.

March 25, 2008 at 7:56 pm
(24) William says:

Alisa, if your son is your dependent, then he is not getting the stimulus payment. The money he earns from mowing lawns is considered self-employment income, and he’ll have to pay some self-employment tax on this amount. It would be better to amend this before April 15th to avoid any late payment penalties.

March 26, 2008 at 8:51 pm
(25) machbeka says:

I mailed my federal tax return today and forgot to include the Schedule A-Itemized Deductions form. What should I do? Thanks so much.

March 26, 2008 at 10:19 pm
(26) William says:

Machbeka: the IRS will probably send the return back to you as unprocessable. Or they might just ask you to send along the Schedule A. Either way, wait for a letter from the IRS, and then follow the instructions they provide. That way they will be able to match up your Schedule A with the rest of your return.

March 27, 2008 at 1:29 am
(27) machbeka says:

Thanks so much for your response…just one last question…by forgetting to put the schedule A in my return, will that make me more apt to be audited? Thanks so much for helping me with this.

March 28, 2008 at 3:52 pm
(28) Cynthia says:

I filed taxes and then received an amended form which increases my taxable income by $3. This does not increase the tax owed (less than $0.5) Should I file an 1040X?

March 28, 2008 at 5:10 pm
(29) Libby says:

My husband and I are struggling with the IRS over tax issues from 1999 & 2000. I was newly disabled, and received money from my employer as wages while waiting for my Social Security Disability benefits. No taxes were withheld, and since we did not receive a W-2, we did not report it on our taxes. Once SSD payments started in 2001, I had to return about 57% of those “wages.” I have the paperwork showing that we returned the money. Unfortunately we did not figure out why we owed this money until a week ago. Is it too late to file amended returns for 1999 and 2000, even though we are making installment payments?

March 30, 2008 at 12:29 pm
(30) Steve Auer says:

We have filed Form 8829 Expenses for Business Use of Your Home for several years. For tax year 2006, my wife’s business activity declined considerably so that she showed a small loss even without the Form 8829 deduction. Also, she was considering easing out of the business in 2007 or 2008. We did not file Form 8829 for 2006.
In 2007, my wife’s business actually grew and looks like it will continue to grow. Can I amend my 2006 return to include Form 8829 and carry the loss forward to 2007? If so, and I mail my amended 2006 return this week, and at the same time file my 2007 return electronically, will the IRS’s computers spit out my 2007 return because the 2006 Form 8829 deduction is not yet in their computer?
(In that case, should I file for a 2007 extension and let the 2006 amended data catch up in their system?) Appreciate your help!!

March 31, 2008 at 10:50 am
(31) MeMe says:

I filed my 2008 taxes but didnt realize until after the fact that one of my accounts got interest of $13 and I didnt report it. I found out you are suppose to report any interest over $10. What should I do? I don’t want to get a letter from the IRS.

March 31, 2008 at 4:28 pm
(32) William says:

Cynthia: I would keep the 1040X in your files until such time as the IRS may contact you about this change in your income. Of course, it won’t hurt to mail in the 1040X either. So really it’s up to you.

March 31, 2008 at 4:33 pm
(33) William says:

Libby: the extra money you paid went to pay back some of your SSDI. This does not reduce or change the amount of your taxable wages. It will change the amount of SSDI in the year of the repayment. Whether you should file an amendment depends on which year you made the repayment, whether that year is over 3 years ago, and whether the change in tax will result in a refund or a lower amount owed to the IRS. If this will lower the amount you owe, yes go ahead and file the amendment. But if it’s over 3 years ago and would result in a refund, there’s not much use of that since you only have 3 years to get a refund.

March 31, 2008 at 4:35 pm
(34) William says:

Steve: Form 8829 should be filed to carryover the amounts from year to year. I would go ahead and file your 2007 returns. The ‘06 amendment will take quite a bit of time for the IRS to process, and I see no reason to delay filing the ‘07 return.

March 31, 2008 at 4:37 pm
(35) William says:

Meme: Wait for the letter from the IRS. Alternatively, you could file an amendment. This will be easiest if you are using tax software. I say wait for the letter only because that letter will have all the relevant calculations, and will save you some labor. But I would not expect such a letter for at least 6 months to a year from now.

April 9, 2008 at 11:48 am
(36) Cori says:

I e-filed our federal tax return in February and then received an additional 1099-Div that I didn’t know was coming. I have the Amended return and the 1040X completed, but I’m not sure what additional information I need to send with the forms. We did receive a refund originally and with this change we will need to pay a small amount, but I don’t know if they need a copy of the amended return or if they need any copies of the 1099-Div that is the reason we were amending the return. Any suggestions?

April 9, 2008 at 1:09 pm
(37) William Perez says:

Cori: submit the 1040X along with the corrected 1040 and a copy of the 1099-DIV statement. Then mail it to the IRS along with your payment. As long as you file this by April 15th, there won’t be any penalties or interest.

April 10, 2008 at 10:50 pm
(38) Eric says:

I forgot to add my PMI (Mortgage Insurance), what do I do to re-file my taxes

April 14, 2008 at 12:09 pm
(39) Mike says:

Like Cori, I e-filed my return in February and then received an additional 1099-Div. Can I file an extension and then file the amendment later?

April 14, 2008 at 2:00 pm
(40) Sam says:

Hi,
This year somehow my paystuband w2 showed 3 dependents, while there were none.I realized this only while filing the tax.I filed the tax correctly claimimg no dependants( and got a lesser refund).But I hope i do not have to do anything additional to correct this (other than informing my employer).
Thanks

April 14, 2008 at 2:11 pm
(41) Tina says:

Hi,

I just realized that one of my 1099’s is incorrect (amount too high). Should I file my 1040 and pay tax based on the correct amount (assuming my client will submit a corrected 1099)? Or should I request an extension and wait to file until I receive a corrected 1099? Or (my least favorite option), should I pay the higher amount of taxes now, and file a corrected 1040 later and get a refund?

Thanks,

Tina

April 15, 2008 at 6:18 am
(42) Jason Beatty says:

I forgot to put my EIN into the forms at the botto0m where I signed. Will they send it back? I am concerned because if it’s late, I will not get the stimulus check.

April 16, 2008 at 1:23 pm
(43) christen says:

I have the same issue as #20 (matt) but didn’t see a response to his question. I finished and filed my taxes – no refund; in fact, I owe, but included the installment plan form. however, i realized – to my horror – that I forgot to attach copies of my W2s (it’s the first time i mailed them in in years – i always did it electronically). should i wait for the irs to contact me, or should i mail them in with an ammendment form? anything?

thank you. :)

April 17, 2008 at 6:06 pm
(44) taxes says:

Christen, wait for the IRS to contact you. They’ll request copies of your W-2 forms. Then attach copies to their response form. This way, your supporting documents will get attached to your return.

May 1, 2008 at 4:54 am
(45) Davonna McGill says:

I have already filed my 2007 taxes and have received my refund back. Then just recently, I found another 1098E amounting $530 that was not reported. Should I do a 1040x amendment?

May 1, 2008 at 2:54 pm
(46) KPM says:

I filed and entered my son’s Social Security number wrong. Will the IRS self-correct this since my son has been my dependant for the last 15 years? Or this get denied and I have to send an amended tax return. Or should I call the IRS to let them know?

my son has been my dependant for the

May 1, 2008 at 5:41 pm
(47) taxes says:

KPM, if you e-filed, the IRS should have rejected your return and asked you to fix the SSN. If you filed on paper, then wait for the IRS to send you a notice about the discrepancy, and then respond to that notice with the correct information.

May 2, 2008 at 3:34 am
(48) Angela says:

I filed a 2006 return and my husband forgot to include a pension he cashed out. Now we received a letter from the IRS saying they have audited us and they want us to pay. I am not sure if I can just ammend the 2006 taxes with a 1040x or not??

May 5, 2008 at 2:20 am
(49) Johannes says:

Hey william

I’ve filed my tax in february, and I’ve still not heard anything from the IRS yet, I don’t know if I might have made any mistakes on anything when I filed it. When/What types of documents should I be expecting, whether if it’s good or bad news?? thanks

May 7, 2008 at 11:07 pm
(50) taxes says:

Johannes: You are not likely to hear from the IRS unless there’s some sort of mistake or if they have more questions. Generally, the IRS has three years from the date you filed to notify you of any mistakes, ask additional questions, or begin an audit. So in my book, no news is usually good news when it comes to hearing from the IRS.

May 8, 2008 at 5:38 pm
(51) Phil says:

If I got a return back more than what I should’ve got back… did that mean I did my return wrong, and it was corrected? Did someone use the wrong bank account and their’s was sent to mine? Or There’s an error and I should return the difference, so not to pay penalty?

May 12, 2008 at 10:55 pm
(52) shane says:

Is it possible to admend my 2007 tax return , if i already recreived the check from the IRS? See i mistakenly claiming to much for school and not understanding what kind of school that is required for credit.

May 14, 2008 at 12:06 am
(53) CNR says:

I filed my corp tax return. The state sales tax dept audited the sales tax returns and found a descripency in the sales. They made assessment and increased the sales amount. I amended both federal and state tax returns and filed by increasing the diff sales amount and increasing the cost of sales. The federal amended return was accepted, but the state is objecting for increase in the cost of goods sold. My question is is there any rule which says once the federal accepts the return the state also should accpt the return. Which one is powerful, the Fed or state. Please advise.

thanks
rao

May 17, 2008 at 4:51 pm
(54) REN says:

I just received a notice for the IRS that I owe 1400 becuase I did not claim stock that I sold. I could not understand this because I do not remember receiving a 1099-b.. After looking and looking and going to the company that I bough the stock from it seem like when the check was sent so many months bf doing my taxes that is when they send the form. I searched and found the form.. Can I create and amended tax form for 2006 since i found th tax form with the extra income. Also, after pluggin in the numbers it seem like the tax department says i owe more that i calculated. SO, basically can i submit an amended form for 2006 and send whatever I based on the new numbers?

June 11, 2008 at 5:30 pm
(55) William says:

Ren, Yes, you should amend your return. Your tax will be lower than the IRS estimates, because they do not know what your cost basis for the stock was. Simply prepare an amendment for the year in question, and send that along with the response form that the IRS mailed you.

June 11, 2008 at 5:35 pm
(56) taxes says:

CNR, the state and the federal government both have the authority to audit your returns. Just because one accepts your amendment, that doesn’t mean the other one necessarily will accept it too. As long as you have the supporting documents to prove your numbers are accurate, you will be fine.

June 15, 2008 at 11:40 am
(57) Tony says:

How do I correct an incorrect Social Security number that went in with my return?

June 16, 2008 at 1:40 pm
(58) William says:

Tony, the IRS should “reject” your tax return as unprocessable and send it back to you in the mail. That’s because your name and your SSN won’t match. Then just reply to their letter with a new tax return, this time with your correct SSN. If you haven’t heard from the IRS within 8 weeks of filing your return, I would call and ask them about this situation. They should be able to see the return you filed and advise you how to proceed. The IRS’ phone number is 1-800-829-1040.

July 2, 2008 at 12:33 pm
(59) WPatel says:

there was a mistake on my adjusted gross income and the federal government corrected it during the filing process. Do I need to do anything to make sure the state gets the correct adjusted gross income. This will effect my tax return.

July 2, 2008 at 1:33 pm
(60) taxes says:

WPatel, if the IRS changed your AGI and other figures, it is likely that the state might also make the same changes. This depends largely on your state and how they process returns. Personally, I would file a state amendment to report these changes and recalculate your state tax. In order to make sure the tax is recalculated properly, you will need to know what exactly was changed (for example, it was a mathematical correction or they changed a figure for income or for a deduction). You may also want to ask a tax professional to review the IRS changes to see if that change was properly made.

July 15, 2008 at 5:04 pm
(61) GH says:

My wife lives with me in the UK and has just caught up on the last 3 years tax returns. We have just noticed that our agent doubled the foreign income on her 2555 – we’d already converted to dollars and he did it again.

I can’t find a place on the 1040X to correct this mistake as her total income after the 2555 is still zero!

Should we file a 1040X anyway and explain the error in part II?

Thanks – and great advice on this page by the way.

July 17, 2008 at 6:11 pm
(62) William Perez says:

GH, I don’t like it when accountants make such simple oversights like this. Granted, I’ve made mistakes too. If I were you, I’d the accountant to fix the mistake. Or to phrase it another way, if I made this mistake on a client’s return, I’d fix the mistake at no charge. Since the correction won’t change the tax, I doubt the IRS will care. But I’m of the opinion that a tax return should be as accurate as humanly possible, so I would want to fix the mistake. Just get a correct Form 2555 (with the right numbers). This time attach a spreadsheet to show how you converted the pounds into dollars, and on the 1040X report all the numbers they ask for. And in the explanation area, explain this mistake and point them to the corrected Form 2555 and your spreadsheet. I know this is a lot of hassle for someone else’s mistake, so that’s why I suggested getting your accountant to do this for you. In the end, this will protect the return from being considered inaccurate, which considering how aggressive the IRS can be at times, it’s an advantage worth having.

July 22, 2008 at 7:41 pm
(63) Campbell says:

My husband and I got a letter that we have been audited for 2004 and 2006 and we now owe 15,000. We sent our taxes to some body out of state and turns out that he is a fraud. We feel so hopeless and I don’t know what to do. i cannot pay that bill. The accountant included a whole bunch of miscellaneous deductions that we did not approve. Everything was done over the computer,we did not sign the returns, so does that make them void.Can we amend the taxes even after the IRS has audited us and sent the bill? Please help.

July 22, 2008 at 8:06 pm
(64) William Perez says:

Campbell, wow. I find it incredibly infuriating when tax “professionals” misuse their position to screw up their client’s financial lives. However, you are the person responsible for signing the return and making sure the return is accurate before it’s filed. At the very least you would have had to sign the efile authorization page (either Form 8879 or 8453). If you did not sign either of those forms, then there’s a case that could be made that the preparer filed without your consent.

At this point you should hire an experienced and trustworthy tax professional who will go to bat for you with the IRS and state tax agencies. You’ll need someone licensed, so that means an attorney, a CPA, or an enrolled agent. Those are the only types of professionals permitted to handle audit and collection issues.

If you received a refund as a result of these erroneous deductions, you will need to pay the refund back, plus penalties and interest. But the amount you need to to pay back will be determined by how much you were actually entitled to deduct. In other words, the IRS might have disallowed all your tax deductions, which would be going overboard. The best way to approach this is to start from scratch to figure out exactly what your tax return should have looked like.

Additionally, you will want to take steps to limit the types of penalties the IRS will assess. You will also want to take full advantage of any protections and defenses available to you. Your new tax professional should be able to review your situation and advise you on what needs to be done to best protect your interests.

July 23, 2008 at 11:56 am
(65) VJmem says:

Is it possible to file tax years (federal) for 2005 and 2006 electronically? I mailed them in however, forgot to sign them and IRS won’t process my 2007 return until they are signed. Problem is, the IRS says that I should have received a letter asking for a signature since June 30; however, I have not and really would like to get my refund. Any help? Thanks.

July 23, 2008 at 2:30 pm
(66) William Perez says:

VJmem, it is not possible to file prior year tax returns electronically. I wish we could, as that would save a lot of hassle. But the system is built to handle only the current filing year. When a return isn’t signed, the IRS does send out a letter asking for your signature. They sometimes send the returns back as well. At this point I would make another copy of your ‘05 and ‘06 returns, sign those, and hand deliver them to your local IRS office. Explain to the IRS agent at the office that the returns were mailed in without a signature, and that these ones are signed.

July 23, 2008 at 4:12 pm
(67) VJmem says:

William Perez: thanks for the info. great idea. I will do that on tomorrow.

July 24, 2008 at 12:49 am
(68) ANJIE says:

I GAVE A 1099 TO MY SISTER FOR $6,000 BECAUSE SHE ASISTED ME IN MY BUSINESS (I AM SELF-EMPLOYED).SHE WAS OUT OF THE COUNTRY WHEN HER HUSBAND FILED THEIR TAXES AND FORGOT TO INCLUDE IT (HE WORKS AND THEY HAVE A CHILD), NOW THE IRS SENT A LETTER STATING THEY OWE $1,800. WHAT SHOULD WE DO? SOMEBODY SUGGESTED I SEND A LETTER TO THE IRS STATING THAT IT WAS A MISTAKE, BUT I THINK THAT WOULD AFFECT ME. ADVISE ME…

July 31, 2008 at 9:49 am
(69) MatherCalif says:

How do I know the IRS received my return? I haven’t gotten my refund yet. I found what I THINK is a copy of my return, but I am notoriously absent-minded and now fretting that I prepared the whole thing and didn’t SEND IT!!!

July 31, 2008 at 1:58 pm
(70) William says:

MatherCalif, a simple phone call to the IRS just clear up any confusion. Their toll-free number is 1-800-829-1040. Ask them if they received your tax return. If not, then mail it in. If they have, ask them how long before you receive your refund. If you do need to mail in the return, be sure to send it certified mail, so you can get a receipt of when it was delivered to the IRS office.

August 1, 2008 at 10:57 am
(71) MatherCalif says:

Thank you! My horrible sick feeling has decreased considerably…

August 29, 2008 at 3:33 pm
(72) Cheri says:

Thanks to comments such as these to give imperative information one would have never known about. God bless all of you. Thanks again for the info.

September 19, 2008 at 3:56 pm
(73) Lisa says:

I filed an amended return, and now owe the IRS. I can’t pay it all in a lump sum, so I’ll have to ask for an installment plan. I doubt it will be paid off before next year’s taxes. I expect a refund next year. Will my amended filing (what I owe) affect me getting a refund next year? Will the IRS take any refund that is due me and apply it toward this year’s balance owed?

September 20, 2008 at 2:21 pm
(74) ku38 says:

Hi I live in MN and work in WI in 2005, how do I file an admend to correct my tax on the wisconsin side? thx for any advice

September 22, 2008 at 3:33 pm
(75) taxes says:

ku38, you’ll need to fill out a new Wisconsin Form 1NPR for nonresidents, and check the box above the social security number to indicate this is an amended return. Here’s links to the form itself and the instructions, both are pdf files. Amended returns are mentioned on page 36 of that instruction booklet.

September 25, 2008 at 5:55 pm
(76) mary says:

My common law husband deceased in July 2006. Our daughter was born in 1996. He was disabled between 1996 and 97. Finally got his SS after about a year of being off work. I was the only one working. I talked to H & R Block when filing and was told I could file as head of household because I was the one providing all costs of living and that I could not claim my husband as a dependant because he was an adult. Once he and my daughter got SS, a year later, we were told that he did not need to file a tax return and that my filing would be the same. Since that time I have always filed as head of household. 2 years after his death and fighting for my rights as his wife, I was told that this information is not true. I think I am in some serious trouble at this point because had I known what to do, I would have filed differently and claimed him as a dependant. What do I do now?

September 25, 2008 at 7:18 pm
(77) taxes says:

Mary, sounds like you received some incomplete advice. The first thing to figure out is (1) whether your state recognizes common law marriages, and if so, whether you were considered married. If so, then you would have to file either as married filing jointly (with your husband) or married filing separately. You may also have been eligible to file as head of household if you lived apart from your husband for at least the last six months of the year. If your state does not recognize common law marriages, then you would be considered unmarried and your filing status options would be single or head of household (but without the six month living apart requirement).

Making matters even more complicated is that now you are fighting to prove you were really married to him. And I would think the courts would look at the patterns of facts, such as did you have joint bank accounts, did you file returns as married people, did you have wills and so forth. Thus filing as head of household might give the court the impression you were not married, but that would be an impression only and you’d have to explain the thought process behind your filing strategy.

At this point, I don’t think there’s much you need to worry about now from a tax perspective. If anything you might have overstated your tax. I doubt that you would owe more tax. Here’s my reasoning. The IRS has 3 years to audit, and you have 3 years to correct any mistakes and receive an extra refund. This is called the statute of limitations. Your husband died in 2006. That means 2007 you are definitely unmarried. Your filing status could be Head of Household or perhaps Qualifying Widow with dependent child. The QW status provides a larger standard deduction than HOH, so there might be extra refund money for 2007 if you amend. Other than that, I don’t see any issues for 2007. For 2006 you could have filed either as Married Filing Joint or HOH. It’s unclear whether you’d have any additional refund money, since you’d would need to include your husband’s income and Social Security on the joint return. Same goes for 2005 and earlier years. The only years open for refunds or audits is 2005, 2006, and 2007. So if you have additional refunds, I’d say that amending to get the refunds would be worthwhile. The earlier years are closed for refunds or audit, so I’d only file amendments if you need to report additional income.

Given the filing strategy you chose, I would say that your husband definitely had a filing requirement, and would have owed tax. That’s because if you were considered legally married, and since you claimed HOH, then he would have been forced into filing as married filing separately. Most importantly: it forces Social Security benefits to become taxable income. However, he did not file. And if you were to file for him, the only option left available to him is the separate filing status, and that would leave him owing money. This is not going to be a good thing, as the IRS could look to his estate to pay the taxes.

So the only tax option is to leave things as they are, or to amend to file joint returns. However, a joint return can be filed after the death of the spouse only where there’s an executor or administrator for your husband’s estate. And the executor must agree to the filing of a joint return. If your husband’s estate does not have an executor or administrator, then a joint return cannot be filed. (Treasury Regulations section 1.6013-2 paragraph 3.)

So, what can be done now? Talk to the administrator of your husband’s estate to see if they would agree to filing joint returns. This could possibly result in additional refunds. Otherwise, I don’t see any additional things you need to do.

September 27, 2008 at 11:33 pm
(78) Rachel says:

I take care of my parents finances, but a tax professional prepares their taxes, I just gather what is requested and take it to her. I was unaware, as I assume the tax professional was, that my mother never changed her SS card to her married name, so their taxes were filed under her married name but her SS card still has her maiden name on it. This has been done the last 5 years they have been married without any importance until this year. I checked their stimulus status online and it says that they were declined because the SSN doesnt match the name. How can this be corrected so they can receive their stimulus payment? They need it desperately. It seems the IRS should have rejected their returns before now for the name not matching the SS # filed. Thanks for any advice you can offer. I will be contacting the tax professional that filed for them as well asap.

September 29, 2008 at 7:46 pm
(79) taxes says:

Rachel, what an interesting story. It’s amazing that the IRS hasn’t caught this oversight before. According to this article in the Baltimore Sun, the IRS won’t release the stimulus refund for your parents until next year when they claim the stimulus rebate as an additional tax credit on their 2008 tax returns. This refundable tax credit is being called the Recovery Rebate Credit, and will be a one-time tax credit for 2008 only, based the stimulus rebate a taxpayer was supposed to receive, minus any rebates the taxpayer actually received. The IRS is not going to send out revisions to the rebate, even if an amendment is filed.

October 20, 2008 at 1:41 pm
(80) Kathryn says:

William, I filed our children’s tax returns this year and they owed some tax and had to pay at our (parent’s) rate. I was required to list the amount of income from our tax return. I listed this as an Estimated amount because we had to file for an extension. I under-estimated the amount on their tax returns but when I enter a new amount in the 1040X form it does not change the amount that they owe. Do I need to file amendments for them or is this like “correcting math.” Thanks for your help.

October 22, 2008 at 11:18 pm
(81) lisa says:

I realized that I did not claim small amounts of income for 2005, 2006 and 2007. The total for 2005 is about $100, 2006 is $118 and 2007 is $40. The date has passed for me to be able to file an amended return for 2005. Is there a way for me to do this?

November 2, 2008 at 9:09 pm
(82) taxes says:

Kathryn, great question. Since there is no change in the tax, I would not bother with an amendment. The IRS computers may even correct this automatically.

November 2, 2008 at 9:13 pm
(83) taxes says:

Lisa, you can still amend those returns to report additional income. Usually, additional income results in additional taxes, so there may be some penalties. But I would first check to see if the IRS has sent you any letters regarding this. Usually with small amounts of income, the IRS will send out a letter indicating you forgot to report some income, and they already recalculate the taxes. So I will look for that first. If they haven’t sent you any letters, then you’ll want to prepare a draft amended return for these years and see if the extra income results in any additional tax. If so, be sure to send it in. However, if there’s no additional tax, I wouldn’t bother sending it in unless the IRS specifically requests it.

November 10, 2008 at 12:58 am
(84) Lisa says:

Thank you!

November 12, 2008 at 10:40 am
(85) Cindy says:

My husband died in 1987 at the age of 38. I paid $17,000 in taxes for his profit sharing distribution and was told by my attorney that I may be entitled to a refund in the year in which he would turn 59. Is this correct and if so, how do I go about getting said refund? I live in Illinois. Thanks.

November 16, 2008 at 7:11 pm
(86) taxes says:

Cindy, distributions from a retirement plan such as a 401(k) plan are always subject to the income tax. There’s an additional 10% penalty if the distribution occurs before the plan participant reaches age 59.5 years old. That penalty would not apply in your case, as distributions as a result of death or disability are exempt from the penalty. But the distribution is always taxable income, since the funds were set aside as pre-tax dollars. So there’s no refund available.

December 11, 2008 at 10:57 am
(87) Connie says:

If my employer made a mistake on the Social Security wages box of my W-2 and has now sent me a W-2c correcting just that amount (nothing else is wrong), what do I need to file?

December 16, 2008 at 7:05 pm
(88) taxes says:

Connie, you won’t need to file an amended tax return, since there will not be any change to your federal income tax. However, do make sure that the SSA updates your earnings history with the correct figures.

January 5, 2009 at 1:48 am
(89) blw says:

After filing our 2006 return, we realized that a very large deduction had been missed, so we filed an amended return. While waiting for the refund, we were informed that our (original) 2006 return is being audited.

I am preparing for the audit and realized that our 2006 income was reported too high: a 1099 form sent to my husband should have been sent to his LLC. Therefore some of his income was actually reported twice.

Is this something we can resolve during the audit, and get an even larger refund? Or will we have to file a second amended return, as soon as we get through the audit? If so, do we wait till the first amended return is accepted?

Thanks!

January 8, 2009 at 8:49 pm
(90) taxes says:

blw, you should attempt to get all of those issues resolved during the audit. The amended return will likely be routed to the auditor for review, but you should supply the auditor with a copy of the amendment just in case.

January 11, 2009 at 7:05 pm
(91) Elena says:

I obtained a $1000 loan from my 401k and just want to know if i am supposed to claim this on my 2008 taxes this year. My human resources person that set up the loan at my job said that i dont but i have been told otherwise by other people. Its an after tax deduction on paychecks since im paying it back in small amounts, so i am already paying the taxes on my checks, correct?
Also, before my husband and i were married, he did not file his 2006 taxes, so i just did that and found out that he will be getting a pretty big return. How long does the irs usually take to process prior years returns?

January 12, 2009 at 11:42 am
(92) makeitso says:

I just realized I filed my 2006 tax status incorrectly. I filed married joint, but was divorced in Sept of 2006. I thought I had the choice to file married joint or single….I now see I have to file single. So, I have filled out an ammended return, claiming single status. By doing this I now have a refund coming back, ( I had to pay thousands on original return)….

My question is….is this the correct process to follow? I have read you cannot change status after filing joint…but in this case, true status was single ( divorced)….and a large overpayment on my part to the feds.??

What should / can I do??

January 13, 2009 at 10:30 am
(93) TGF says:

I was divorced in 2007 and at the time my ex-husband and I verbally agreed on claiming a specified amount as alimony (his claim was a deduction, my claim was income). Now, he wants to claim more. will we have have to file amended 2007 returns at the same time? What if I choose to wait another year when I will be more prepared to pay the additional tax owed?

January 13, 2009 at 1:44 pm
(94) William Perez says:

Elena, you don’t need to report a 401k loan on your tax return. Instead, all repayments are taken out of your paycheck (post-tax, so taxes are already paid on the repayment), and the loan principal and interest is then deposited back into your 401k account. The only time that a loan will show up on your tax return is if you fail to repay the loan — for example, if you leave or are terminated and you haven’t paid the loan in full. In that case, you’d have a distribution from the 401k, and the unpaid loan amount would then be reported as a taxable distribution.

As for your husband’s 2006 tax return, expect the IRS to take at least 12-16 weeks from the day you mailed in the return to process the tax return and issue a refund. The refund might be applied to other tax years if he owes taxes. Otherwise, it will be refunded to you.

January 13, 2009 at 1:50 pm
(95) William Perez says:

makeitso, if you originally filed a joint return with your now ex-spouse, then the both of you will need to file your own tax returns using the single filing status. Filing an amendment is the right thing to do. Be sure to include a copy (not the original) of your divorce decree or separation papers so that the IRS will believe you when you say that you were single for that year.

The rule about married filing jointly applies to couples who are legally married and the time period they have for choosing to file separately vs. jointly. They can go from separate to joint returns. But you can go from joint to separate returns only by the April 15th deadline.

This prohibition against separating the returns does not apply in your case, since you were not legally entitled to using the married filing statuses in the first place.

On your single return, be sure to include only your income, your deductions, and your withholding. Your ex will need to file his or her own single return as well.

January 13, 2009 at 1:55 pm
(96) William Perez says:

TGF, the first thing I would do is review the six criteria for what’s considered alimony. Alimony should be for your separate maintenance and should not include any amounts for child support. Also, the amount being reported should be the actual amount he’s paying you.

If it were me, I would stick to the amounts previously agreed upon, and then discuss the possibly of increasing the amounts being reported in future tax years. If you amend 2007 now to report more income, you’ll pay additional tax and also penalties and interest due to the late payment of the tax. So I’d rather avoid that if at all possible.

January 14, 2009 at 11:15 pm
(97) Brittany says:

I filed my return for self employment but I had earned less than a 1,000 from an employer that I forgot to include, should I file a amended return? Will I get audited?

January 15, 2009 at 5:57 pm
(98) Wendi says:

I filled my 2008 return and just realized i forgot to put the state and state ID# in box 15. We have 2 W2’s but only one of them have the #. We are in TN. we don’t’ have state tax, is that what this is for? Or will my return get rejected?

January 15, 2009 at 6:01 pm
(99) wendi says:

I also forgot to add…I accidentally claimed we made about $400 more than we actually did. It was in our favor for $40 more of a refund. Will the IRS auto correct it since it’s a math discrepancy or will they reject the E-file? Thanks!

January 15, 2009 at 7:30 pm
(100) Joe says:

I wasn’t aware that I could claim my child support. I wish to claim it for the past three years. What form do I need to get?

January 15, 2009 at 9:16 pm
(101) William Perez says:

Joe, you cannot claim a tax deduction for your child support. So there’s nothing you need to do.

January 15, 2009 at 9:21 pm
(102) William Perez says:

Wendi, you could wait for the IRS to catch this error, but that process could easily take months or years as their computers match up tax returns with W2 documents. So to be on the safe side, it will be better to file an amendment before April 15th and repay the extra $40 refund. As long as you amend and pay by April 15th, there would be any penalties.

January 15, 2009 at 9:33 pm
(103) Lisa says:

I didnt include a w-2, will the irs audit my return for the small amount.

January 15, 2009 at 9:35 pm
(104) taxes says:

Brittany, yes you should file an amended return. That’s because it’s always a good idea for your return to be accurate. Plus, the IRS matches up the income you report with income reported directly to the IRS from the 1099 forms. So it’s better to get this corrected now, which could actually prevent the IRS from starting an audit.

January 15, 2009 at 9:39 pm
(105) taxes says:

Lisa, yes the IRS will audit your tax return if you leave off a W-2. They consider this under-reporting your income, and such audits happen approximately 6 to 12 months after you file. So to avoid an IRS audit, it is best to amend your tax return now to report the additional income and recalculate your tax. As long as you amend and pay by April 15th, the IRS won’t assess any penalties for the mistake.

January 18, 2009 at 8:13 pm
(106) Jennifer says:

If you have a child that is considered a QUALIFYING RELATIVE, can you take the EIC being that it’s a child?

January 19, 2009 at 9:06 pm
(107) taxes says:

Jennifer, the earned income credit is based in part on how the dependent is related to you. Only your son, daughter, grandchild, niece, nephew, brother, sister, or eligible foster child will qualify you for EIC. Another other type of relationship will not qualify.

January 22, 2009 at 9:52 pm
(108) Robert says:

I just filed my 2008 taxes. I realized that after e-filing through my preparer (VITA-Navy), that an additional $66.00 was added to my taxable interest income bringing the total to $986.00 as opposed to $920.00. Will the IRS automatically adjust and correct this or do I need to go back and file an amended return? Thanks. Go Navy!

January 23, 2009 at 2:40 pm
(109) William Perez says:

Robert, you should amend your should to add in this additional income. It will be cheaper than having the IRS correct this. That’s because if you amend by April 15th, there won’t be any interest or late penalties. If you wait for the IRS to correct this, it will take them about a year or so before they get around to discovering the oversight, and by that time they will add in penalties and interest. So you’ll save some money by fixing this yourself.

January 24, 2009 at 10:34 pm
(110) Tj806 says:

I e filed my returns and realized that I had incorrectly entered the wrong amount on the residential energy credit portion of my return. It asked for the amount from the previous year and I entered incorrectly without realizing it. Will the IRS automatically correct or will it be held up and delayed for months?

January 27, 2009 at 5:30 pm
(111) Ulysses says:

I’ve got 300.00 total late mortgage fees appearing on my bank interest and property tax paid statement (1090). Where can I find out if late fee is deductible?

January 30, 2009 at 8:26 am
(112) Heather says:

I filed my return electronically this week. I didn’t realize I had a 1098-T coming. How do I correct this? I used Taxact and entered these amounts and it resulted in a larger refund than we originally had.

January 30, 2009 at 6:04 pm
(113) Lyndenrider says:

HELP!!! I e-filed my 2008 tax return and a week later realized that I used the wrong FEIN for my employer. The FEIN I used was for our corporate office, but the FEIN for the “parent company” that I work for is different. I looked on the IRS website for an answer, but could not find anything. Will this be a problem for me????

January 31, 2009 at 4:47 pm
(114) skypirate says:

Several months after filing her 2007 return my wife recieved a form W2C from a former employer. The correction showed her income to be about 960.00 less than the original W2. Of course the withholding amounts were corrected as well. How important is it for her to file a 1040X. Is this likely to bite her somewhere down the road or should she just leave well enough alone?

January 31, 2009 at 11:26 pm
(115) ProBach says:

I need to know if I’ll receive a refund for 2008. I need to amend my 2007 return, and I will owe money. Will they just take it from this years refund?

February 2, 2009 at 5:20 pm
(116) claudette green says:

i submitted our tax return without imput of my w-2 which would give us two income. at my job we could automatic have it imported through the system and i thougt that was what i was doing, so do i need to do a 1040x?

February 2, 2009 at 10:13 pm
(117) RAI says:

My brother in law filed an amended return last year and I recently found errors that could bennefit him. Can he amend his amended return again?

February 3, 2009 at 8:38 am
(118) Julie says:

I submitted my NJ state taxes and just realized that when e-filing I put the wrong social security number down for my son. How can I correct this?
Thanks!

February 3, 2009 at 1:54 pm
(119) Linda Cowan says:

I need to file a second amendment to my 2007 federal return. I use TurboTax. Do I amend the previous Amendment or do I again amend the original 1040?

February 3, 2009 at 1:54 pm
(120) Linda Cowan says:

I need to file a second amendment to my 2007 federal return. I use TurboTax. Do I amend the previous Amendment or do I again amend the original 1040?

February 3, 2009 at 1:54 pm
(121) DanOhio says:

Hi, I have a capital loss of $9000 in 2006 and I claimed a $3000 lost that year. I then forget to include a capital loss carryover in 2006. In 2007, I did not claim this capital lost. Can I claim this lost this year in 2008? If so, how can I do that?

Thank you so much!

February 3, 2009 at 3:45 pm
(122) Lady Di says:

I submitted my return and inadvertently included interest from a 1098 for 2007 instead of 2008 which was a diffrence of $56. This resulted in my refund being reduced by $7.00 on the Federal and $4.00 on the State. Do I still need to file an amended return and send a check for the difference? Thanks.

February 3, 2009 at 8:21 pm
(123) JJ says:

I already filed my return for 2008 but forgot to include about $120 of additional income from a 401k that payed out when I got fired from that job. Do I still need to file an amendment or is the amount too small to worry about?

February 3, 2009 at 11:16 pm
(124) tessa says:

I filed my 2008 taxes but reported more than i made. I tryed to submit the 1040x but the online company i use says the IRS isn’t accepting admendments yet. When does the IRS usually accept admendments. thanks

February 4, 2009 at 8:25 pm
(125) William Perez says:

Tessa, you can send in your amendment at any time. But you’ll need to mail it in, as there’s no e-file for amendments. You might want to want a couple of weeks just to be sure you’ve received all possible tax documents and deductions and so forth.

February 4, 2009 at 9:06 pm
(126) MichelleVB73 says:

For 2 years now when my husband and I efile it gets kicked back because someone else is using my daughters ssn and we have to paper file. In October I received a letter saying if she wasn’t my daughter to amend my tax form. I took the letter with her birth certificate and ss card to the local IRS office and I was told the only way to correct this was to file before the other people using her number so that theres would get kicked back and they would then hopefully relize their mistake. Why is it that the IRS cannot find these people??? When I asked the women if my 7 year daughter was going to have this problem for the rest of her life her answer was “lets hope not”. SS told me the number was not duplicated and they will not issue a new number. This has only been happening since 2006 and I am hoping I can get my return in quicker. Is there anything we can do to find out who’s doing this???

February 6, 2009 at 9:38 am
(127) sandy says:

we tried to file our taxes electronically and it got rejected because dependent is claimed by someone else. we dont know how this happened. we filed by mail anyway because he is our son. what will the irs do with our return?

February 7, 2009 at 10:05 am
(128) Amanda says:

I efile my federal return last night and realized that when I did my 2106 for my business mileage and instead of putting 6,264 mile i did it down to the exact which was 6264.32 miles and came out to some ridiculous amount of 366,462 instead of 3,664 miles. Anyway I filed it like an idiot not realizing what I did. Should I wait to file my state taxes until this is corrected?

February 7, 2009 at 8:53 pm
(129) jason says:

In 2007 I filed single and itemized my deductions. Also had income in two states, resulting in $1500 refund from MD and owing $1200 to MA. Didn’t think anything of it because I assumed I’d be itemizing this year.

But I got married and will be filing jointly, and will end up taking standard deduction. Should I amend 2007 fed taxes to adjust the itemized deductions, then file 2008 with no 1099G for MD? Right now I’ll end up paying around $500 because I’m taxed on full refund but not getting to offset MA refund… Thanks for any help!

February 8, 2009 at 4:25 am
(130) bitoolah says:

if i have corrections like this on my tax return
1. 1040 Invalid format for country name,
2.form 8862 – RET 1040 Earned income credit invalid for overseas address Disallowed EIC Claim must be completed and submitted.
3. Signature Page – Taxpayer prior year AGI mismatch Taxpayer AGI or PIN
Can i correct them and resubmit it?

February 9, 2009 at 6:11 pm
(131) Carolyn says:

Sandy, the IRS will contact both you and other party that has filed your son as a dependent and request copies of both the birth certificate and SS card. Since he is your son, you can provide those. The other party won’t be able to and they will be required to repay any refund they received. (I went through this very same thing last year and after I sent in those documents, everything was fine.)
Hope that helps.

February 10, 2009 at 11:38 am
(132) Ava says:

We already e-filed filled and received our return. Upon closer Inspection I realized I entered the wrong employer TIN. Will the IRS correct the mistake or do i need to file an amended return? Will i have problems E-filing next year? My Husband files with an ITIN if that makes any difference.

February 10, 2009 at 1:47 pm
(133) sandy says:

thanks carolyn for your response. how long did it take to get your refund afterwards.

February 10, 2009 at 10:09 pm
(134) Yao says:

I have already mailed in my 2008 tax return before I realized an employment I forgot when filing the 1040EZ. I was looking at the 1040X, I believe the instructions are from last year, so I am stuck on line 2 and 4. for those two lines, it asked “Did someone claim you as a dependent on their return? (On your 2005-2007 Form 1040EZ, on or both boxes on line 5 will be checked.) I was claimed prior to 2008 Tax return, so should I check no since I am amending the 2008 Tax return? If so, on the chart it if given for the step if I check no, the amount to be filled in lines 2 and 4 are the amount from 2007, $5350 and $3400 respectively. What should I write in on the 1040X for 2008 Tax return?
Thank you,
Yao

February 11, 2009 at 7:27 pm
(135) Steven says:

I filed Form 982 on my federal return due to debt that was cancelled through bankruptcy. Instead of checking box 1a I checked box 1b. What can I do to fix this? Do I need to amend this? My return has already been accepted by the IRS. Will I still get my return?

February 12, 2009 at 11:53 am
(136) Nessa says:

I e-filed our taxes on 2/2/09 thinking I had everything. We had a home foreclosed on in 2008 and sold at Sheriff’s sale in June 08. I just received a 1099-A from the mortgage lender 2 days ago! The 1099-A was dated for 1/20/09 and the postmark was 1/30/09 on the envelope but for whatever reason it took the mail 11 days to deliver it…at any rate, the fair market value listed on the 1099-A is more than the balance owed, which would give us a non deductible loss on the property. I have not received a 1099-C or anything. I went back in and amended my return (have not mailed it yet though) and it does not change our taxable income or reduce our refund…refund stays the same. Do I have to mail an amended return or not since it does not change our income or the amount of our refund? Thanks.

February 13, 2009 at 4:28 pm
(137) barbie says:

My husband and I used an online tax preparation service this year that we have never used before. It was confusing and frustrating. Our power went out during the preparation and I think I was on a wrong page when I was returned to the site. Sigh! Long story short, I filed as a sole proprietor (independent contractor) and probably should have only added the income as additional income. I need to amend this as I am receiving a refund electronically any day. There were other mistakes on the return I found after filing. Do I send the return back or cash it and file an amendment and return whatever I may need to?

February 14, 2009 at 2:29 am
(138) Rachael says:

I filed my 2008 taxes and received my return. However, I would have received a much better return had I not reported a few thousand dollar worth of income. Can I file an amended return to exclude this income in order to receive a better return this year, and then report it at next year’s tax time? Is that legal?

Thanks,
Rachael

February 14, 2009 at 1:24 pm
(139) Steph says:

I just filed an ammended return and will be receiving some extra money back, will they just send a check for that extra payment? Thanks

February 15, 2009 at 2:55 am
(140) lindsay says:

we’re first time parents and my boyfriend accidently selected the box saying that our child didnt qualify for EIC when she does!! so we lost about 2700 in deductions—can i fix this with an amended return and how do i go about doing so?

February 15, 2009 at 11:31 am
(141) vanessa says:

I already filed my taxes for 2008 and recieved my refund this year I claimed my two sons as my dependents, but now it turns out that my soon to be ex husband also, claimed one of our sons on his taxes now his are on hold. His tax people are giving him two options, either pay the amount they charged him to prepare his taxes or have myself claim him as a dependent on my taxes. What can I do? What will happen if i claim him do i need to amend or what? Will I get charged a second fee for doing this?

February 15, 2009 at 11:39 am
(142) michelle says:

what shall I do if my ex wants to be added as a dependent on my taxes when I already filed and recieved my refund?

February 16, 2009 at 9:50 am
(143) mary says:

i just recived a misc 1099 for $750.00.
it means i will owe 72.00 more.
should i file an amendment?

February 16, 2009 at 1:04 pm
(144) Ashlesee32 says:

I filled my taxes last month and have already received my return I just received a 1098-t Tuition Statement and need to amend my taxes I have printed the 1040x but I dont understand how to fill it out can someone help me with this Thanks

February 16, 2009 at 7:37 pm
(145) taxes says:

Mary, yes you should file an amendment. I know it’s a hassle, but it will be cheaper if you fix it now. By the time the IRS computers to catch this mistake, they will likely add penalties and interest on top of the amount you owe.

February 16, 2009 at 7:41 pm
(146) taxes says:

Ashlesee32, by filing an amendment, you’ll be able to claim a deduction or credit for your tuition. Simply fill out a new 1040, use the same information as before, but this time remember to add in one of the tax breaks for higher education. Once you have your new 1040 finished, you will then report the differences between the original 1040 and the newly revised 1040 using Form 1040X.

This is generally pretty easy if you use tax software, as the software can automatically generate the required forms after you input your revisions.

February 16, 2009 at 7:45 pm
(147) taxes says:

Michelle, generally speaking ex-spouses aren’t dependents. Perhaps you meant that you want to revise which kids you are claiming as dependents because your ex wants to claim one or more of the dependents on his return? In such a case, you will need to come to an agreement on who is entitled to claim which dependents. And generally only the parent with whom the kids lived for more than half the year will qualify to claim them. Hope this helps.

February 16, 2009 at 7:50 pm
(148) taxes says:

Vanessa, generally speaking the custodial parent is the person best entitled to claim any dependents. Ex-spouses generally don’t qualify as dependents, because they would need to live with you for an entire calendar year and they would need to make less than $3,500 under the qualifying relative rules. And if that were the case, then your ex would not have an tax liability if he filed his own tax return. So it sounds to me like your ex wants to claim one or more dependents on his return so he can lower his taxes. To do that, you would both need to come to an agreement on which of you are most entitled to the dependents, and so you’d have to work through all the various criteria.

February 18, 2009 at 8:17 am
(149) Dan says:

I significantly underreported my state tax deduction in 2007. Can I add the underreported amount to my 2008 Schedule A deduction or do I have to file an amended return for 2007?

February 19, 2009 at 10:21 am
(150) Jackie says:

I filed electronically and forgot to put one of my w2’s. The income was only around 600. I then noticed that the date my return should be expected changed from the 17th to the 24th! Do you think thats why it has been postponed? What should I do with the w2 i forgot? I am moving at the end of the month and i NEED my return for the expenses! Hope I get it by the 24th!!

February 19, 2009 at 3:52 pm
(151) linda says:

I sold my property back in April 2008 due to a divorce. I contacted my ex to see if he recieved any forms from the mortgage company before I did my taxes and he said he did not recieve anything. so I went ahead and filed my taxes,I then recieved a mortgage interest statement form 1098 substitute I am being told I need to file an amendment. Is this what I need to do if so what forms do I need.
Thank You

February 19, 2009 at 6:37 pm
(152) Lydia says:

I just filed my 2008 tax. Before I put the amount I paid on interest for my student loan from the 1098-E form, my tax return was about $230. After I put the figures in, my tax return was $77. My first question is why & my second question is am I always required to put the information on 1098-E form that my student loaner send me? Thank you for your help.

February 19, 2009 at 6:56 pm
(153) William Perez says:

Dan, no, deductions are reported in the year they were incurred. So I would suggest amending your return so you can get an extra refund.

February 19, 2009 at 6:59 pm
(154) William Perez says:

Jackie, you’ll need to amend your return to add in the other W-2 wages and tax withholdings and to recalculate your tax. I’m not sure why your initial refund was delayed, but it should arrive on the 24th. Use your new address on the amended return, so that the IRS can send any additional refund check to the right address.

February 19, 2009 at 7:03 pm
(155) William Perez says:

Linda, you may need to amend to report the additional mortgage interest and property tax. Before you do, I would do some quick math to make sure this will be worthwhile. First, if you itemized on your original return, then amending to report more deductions will result in an additional tax refund. Second, if you took the standard deduction on your original return, then compare your total itemized deductions for mortgage interest, property tax, charity, etc. to the standard deduction and see which is higher. If the standard deduction is higher, then you won’t need to amend as the standard deduction is giving you a better tax figure. If the itemized deductions are higher, then amend and you’ll get an extra refund. Hope this makes helps.

February 22, 2009 at 1:03 am
(156) Janice says:

My ex-husband and I filed jointly in 2006. We were divorced in 2007. He is currently angry with me and has said that he is going to ammend the 2006 filing status to married filing separately. Are there any circumstances where he can do this? Thanks! janice

February 22, 2009 at 12:16 pm
(157) Brian says:

I realized that I should not have applied by 2008 refund to my 2009 estimated tax. Is there anything I can do about this since it has already been filed with the IRS?

February 22, 2009 at 2:14 pm
(158) taxes says:

Janice, it is not possible to switch from married filing jointly to married filing separately at this point. The change from MFJ to MFS must occur no later than the original filing deadline (April 15), without regard to any extensions. After the deadline has passed, it’s no longer possible to amend to switch to separate returns. Furthermore, even if your ex wanted to amend the ‘06 return to change other items (deductions, credits, income, etc.), he would need your signature on the return, and it would be your right to review that and agree or not to signing it. As such I don’t think you have anything to fear from his protests as there’s nothing he can do about it.

February 22, 2009 at 2:36 pm
(159) taxes says:

Brian, what an interesting question. In Publication 17, the IRS states, “If you choose to have a 2008 overpayment applied to your 2009 estimated tax, you cannot change your mind and have any of it refunded to you after the due date (without extensions) of your 2008 return.” (Pub 17, chapter 1). What this says to me is that you can amend your return before April 15th to remove the applied refund and instruct the IRS to issue you a refund check. Your Form 1040x won’t show any changes to income and deductions. You’ll show this change on Lines 23 and 24, and explain that you’ve changed your mind about applying the refund in the narrative section on page 2.

February 23, 2009 at 10:58 am
(160) Brian says:

Thanks for getting back with an answer so quickly. I was reviewing the instructions for the 1040x form when I saw this note: “If you elected to apply any part of an overpayment on your original return to your next year’s estimated tax, you cannot reverse that election on your amended return.”

If the IRS does not allow me to amend my return, will the entire balance of the overpayment ($701) be applied to next year’s tax return? (ex. If I have an overpayment next year of $500, is it $500 + $701= refund in 2010)
Thanks again for your help.

February 23, 2009 at 11:45 am
(161) LaDonna says:

I have been disabled the past 2 years and receive long term disability from my past employer. During the past year, my fiance has helped me out by paying for my medications and doctor visits so when he did his 2008 taxes, he claimed me as a dependent and claimed medical expenses that he had paid without me knowing. Well, when I did my taxes recently online, my federal and my state returns were both kicked back and denied because I had been claimed as a dependent on someone else’s return. Of course, I was horrified until I found out that it was my fiance that had used me as a dependent. He said he forgot to remove me. So, what do I do?? Do I file by mail or do I call the IRS to find out how I should precede from here?

February 23, 2009 at 9:11 pm
(162) taxes says:

Brian, you’re welcome. This is such a thoroughly interesting question because I’ve never encountered this before. It strikes me that the language in the Instructions for Form 1040X and the language in Publication 17 conflict with each other. I looked into this further by searching through the Internal Revenue Manual, which is a sort of guide to procedures and operations at the IRS. At IRM 21.4.1.4.6 (http://www.irs.gov/irm/part21/ch04s01.html, and you’ll have to scroll for a bit, or use the Find function to search for “Credit Elect”)… in this section the IRS discusses under which circumstances it will reverse the applied refund and issue a refund check. The factor which seems most relevant in your situation is that you expect to have a refund next year, and thus are not required to make additional estimated tax payments. “The taxpayer is not liable for ES, and he/she erred in entering the overpayment as a credit elect.” (Paragraph 2, bullet point B.)

Thus I would amend, explain your change, and explain that you expect to have a tax refund next year and thus erred in entering the refund as a credit elect, and that you want your refund issued to you. I take it from the language in Pub 17 that your request will be honored if you amend before April 15th.

Now that I think about it, the language from the 1040X instructions would seem to indicate that any decision made to apply a refund on Form 1040X would be irrevocable once Form 1040X is filed. But that’s not what you are doing; instead you are filing a 1040X to change your mind about a decision you made on an original 1040.

If the IRS does not honor your request, then this applied refund will show up on next year’s tax return as part of your estimated tax payments. This increases your payments of tax. If your refund situation is as you describe, you would indeed have a refund that’s $701 higher.

Please let me know how it goes for you. I’d like to have that inside knowledge of whether this works or not! :-)

February 23, 2009 at 9:49 pm
(163) taxes says:

LaDonna, sorry to hear about your tax situation. You might want to do a quick check to see if your fiance would be eligible to claim you as a dependent. There’s two different types of dependents, and you would fall under the “qualifying relatives” category. Basically, if you have income of more than $3,500 (and it sounds like you do), then your fiance would not be eligible to claim you as a dependent. You should file your own return, and claim your own personal exemption, and report your own deductions and tax credits. Your fiance would then need to file an amended tax return to make several corrections, including removing you as a dependent, removing the medical deductions, and recalculating his tax.

On a personal note, it would help to keep the lines of communication open about finances and taxes, especially since you are planning to get married and will need to cooperate on filing jointly. Even separate tax returns still require a degree of cooperation and sharing of information. I only mention this because I sometimes see that the first time couples talk about finances or taxes is when they are sitting in my office. When really the most beneficial tax strategies can be better implemented by going over your finances together and planning things out in advance.

February 25, 2009 at 11:26 am
(164) Sonia says:

I had a friend of mine prepare my taxes and he left them without any instructions. I mailed them and realzied I was suppose to sign them. Is there anything that can be done at this point? I am affraid that I won’t get a return period. Please advise.

February 25, 2009 at 1:37 pm
(165) Gee says:

On June 15, 2008, I took full legal custody of my niece because my brother was having issues (got court order in August). I have recieved no child support from him since taking her. When I efiled my tax return two weeks ago, I got a msg that the IRS did not accept the return because someone else had used my neice’s ssn on a return. Come to find out, my brother claimed her! I beleive that I am entitled to the deduction and have filed a paper return. My brother may or may not file an amended return – he wants to wait and see what happens. I am due about $6000 from the IRS – without my deduction for my neice, I am due about $3500. Will the IRS send me the $3500 while figuring out whether I am entitled to claim my neice or will they without my whole refund? Any idea how long something like this takes? I really am counting on this refund!

February 25, 2009 at 4:15 pm
(166) William Perez says:

Sonia, the IRS will mail you a letter saying that you forgot to sign the return. It will have a response form enclosed. Sign and date that and mail it back to the IRS, and then the IRS will finish processing your tax return and then send you the refund. Allow about 12 – 16 weeks for this whole process.

February 25, 2009 at 4:20 pm
(167) William Perez says:

Gee, nieces are considered “qualifying children” and the important thing to remember here is that they need to live with you for more than half the year. So if your niece lived with you only since June 15, then that’s not more than half the year, and the dad or mom might be able to claim the dependent. The IRS should release to you the uncontested amount of your refund, and hold the rest pending the outcome of their investigation. They will contact both parties: you and the other person who claimed your niece. They will then decide which person is entitled to the dependent, and adjust the tax returns accordingly. Allow several months for this process to resolve itself.

February 25, 2009 at 8:49 pm
(168) MD says:

My husband and I got married in 2008. He is a resident alien for tax purposes and I am a non resident alien. We filed a joint return choosing for me to be treated as a resident. We were supposed to attach to our tax return a statement signed by both of us in order to make that choice (Publ. 519), but we forgot about that and we already e-filed our return and it was accepted. How do we provide the IRS that statement if we e-filed? Do we have to file an amended return and attach the statement (even though none of the numbers would be different) or should we mail the statement only? What would happen if we do not provide such statement? None of us has any foreign source income nor we plan to benefit from a tax treaty with our home country.

February 25, 2009 at 9:20 pm
(169) taxes says:

MD, what I would do is send in Form 1040X. None of the numbers are going to change, so filling out that section of the form is just a matter of copying figures from your tax return. In the explanation section on page two, simply explain that you forgot to include your statement with the original return. And then mail this into the IRS.

I’m not sure what would happen if you didn’t do this. It’s possible that the IRS could deny your tax return and force your husband to re-state his tax calculations as a separate filer.

February 25, 2009 at 10:12 pm
(170) Kristan says:

I have been tracking my federal return online. At one point, the tracker said my return was accepted, and I would receive payment by Feb24. When I hadn’t received payment, I contacted the IRS hotline. I was told that a mistake was discovered, and it would be another 1-6 weeks before the IRS notifies me of the nature of the error. The online tracking now says my return is being processed. I checked over my return and discovered that I incorrectly took a deduction. This results in me having to pay $250, rather than receiving $1000. Do I need to file an amended return? Or, will the IRS simply reject my return? I haven’t received any money from them yet. Also, this was an honest mistake, will I be penalized for it?

February 26, 2009 at 9:07 am
(171) Gee says:

To William Perez: Thank you for your comment. I actually counted the days before taking her as an exemption – I had her for 200 days, more than half the year. I am glad to hear that you think I will at least get a portion of my refund while the IRS determines who is more qualified to take the deduction. Thanks, Again.

February 26, 2009 at 11:02 am
(172) JDLECM says:

I have a big problem. I filed my taxes in 07′ using Turbo Tax. That year for the first time ever I had $19125 in hospital bills. I entered this into Turbo Tax and went through my filing, received a return, etc. Now I have been contacted by the IRS aking me to provide reciepts on where I paid that bill?? I messed up because i entered in the amount that I incurred not that it was paid? How do I correct this now? Will the IRS allow me to pay out whatever tax liability that is due based on my error?

February 27, 2009 at 9:02 am
(173) Sam says:

My husband and I were separated for more than half of 2004 (now back together). I filed my taxes as head of household. I just learned that he never filed his return. (he says he thought I filed jointly) The IRS has requested that he file that return. The problem – if he files married filing separately, he will owe some $6000. Can I file an amended return for 2004 as married filing jointly? Will the statute of limitations come into play in any way? I know that we will still owe money on the 2004 return, but I think it will be les than the $6000. Thank you.

February 27, 2009 at 5:52 pm
(174) Ray says:

I forgot to deduct the mortgage interest in 2007 for my 2007 taxes, which form to I need to use to amend this? I have the 1098, but do not know where I need to put this on the form. Please help. Need step by step instructions.
Thanks

March 1, 2009 at 1:12 pm
(175) gghun says:

I recieved a notice of intent to asses from massachusetts. I had alot of changes. they are KINDLY requesting my business expenses along with the Necessary w2 and 1099, EIC. I found a few mistakes. how do I correct them and what will they think about the mistakes?

March 1, 2009 at 7:45 pm
(176) LInda says:

My CPA made an mistake on my tax return and put wrong social security number on it…just noticed it today because I was wondering why I hadn’t received my tax return and it was to be a direct deposit. Should have had it last Friday. Does he have to send in an ammended tax return form?

March 3, 2009 at 4:53 pm
(177) John says:

I actually had the same problem as Brian. I think this mistake happened when hitting the “Do the Math” button on Free File. Not really sure why or how this happened, but the numbers got switched somehow and I didn’t notice until after I e-filed.

March 8, 2009 at 4:13 am
(178) rm says:

I forgot to report on 2007 income interest I received for a real estate loan I made to somebody.
Can I file an amendment? Where on the tax form I need to report the interest? Should I send some form to the person who made the payments, and in that case which form? I’m assuming that person should file an amendment as well.
Is this going to be a reason for an audit? Thank you in advance for your help!

March 9, 2009 at 11:18 am
(179) Roy says:

Bill, when I was still on consultancy and not yet a regular employee, my (now) employer sent my 1099 for payments made in 2007 to my old address and I never received it. I became a regular employee, was given a W-2 and filed my 2007 return properly — but based on the W-2 reported income because I simply forgot those payments I received in 2007 that are reflected in the 1099 that the IRS has a copy of. I am now being asked to pay back taxes + penalties totaling around $7000. How can I apply these circumstances (including the non-receipt of my 1099) to reduce back taxes I owe? Should I ask the IRS to reduce the penalties and interest at least? Thanks!

March 9, 2009 at 11:26 am
(180) Laura says:

I forgot to include the information on what I paid for college during the 2008 yaer. I’ve already recieved my refund. Can i ammend this to see if it adjusts the amount of my refund. if so, where do i get the forms needed to file an ammendment?

March 9, 2009 at 4:56 pm
(181) Kristen says:

My boyfriend and I live together and have a child together but are unmarried. I accidentally claimed our child on his return, however I made more money and would recieve the bigger refund (a few thousand dollars bigger). We recieved his refund check but have yet to cash it; can we send an amended return and pay them back the refund we recieved, so in turn I can claim our child and recieve the bigger refund we are owed?

March 13, 2009 at 3:21 pm
(182) Cathy says:

My husband and I are going to file an amendment for our taxes for 2007 and 2008. My husband’s ex-wife claimed their son as a dependent. The courts state my husband gets him as a tax excemption. How long does it take for the IRS to handle this and what is the procedure the IRS takes once we file this?

March 16, 2009 at 12:47 pm
(183) rafael says:

I received a notice from the IRS indicating that i failed to include a 1099 from my bank for $83 in interest for 2007. After reviewing my tax return for last year, i noticed that i never received that form from my bank. Now the IRS is saying that i owe over $3000. Can this be right? What can i do to have this charge dropped?

March 23, 2009 at 4:47 pm
(184) ja says:

Received an illegible W-2 from boss (who was out of town) and reprinted one using the forms on irs website, inputting all information exactly as the handwritten one given to me by my boss. Realized this year that I had printed out a 2008 W-2 form instead of a 2007 W-2 form and sent it with my 1040’s last year…How do I fix this problem? Who do I contact. Do not want to be penalized for filing my 2008 taxes twice (which I am definitely NOT doing…)

March 29, 2009 at 4:38 pm
(185) Cheryl says:

I’m just about to file amended returns for 2005, 2006, and 2007 (Federal and California state). I haven’t yet filed our 2008 tax returns.

Should I file the 2008 returns based on the information on the ORIGINAL 2007 return *or* the AMENDED 2007 return?

Thanks!
-Cheryl

March 30, 2009 at 6:49 pm
(186) Jessica says:

My husband is military. In 2006-2007 he worked part time and made approx. 1200. I worked for part of 2008, makings about 2500. We have not claimed any of this. We recieve EIC, can I just claim it next year or are the amounts so small it will be ok.

April 1, 2009 at 7:37 pm
(187) Jo says:

I used a free efile company from the IRS site, and THEY made a mistake and neglected to put fill in the amount on Secedule C, Part 1, Number 1 gross receipts or sales. They filled in the expenses blanks, but made it look like a big negative loss. On Page 1 of the 1040, they had that negative number on line 12, but put the gross receipts number on line 21. What do I do now! I wasn’t able to print it out and catch it until they had already submitted it! Never use them again!

April 4, 2009 at 1:12 am
(188) JP says:

Hello, I e-filed my taxes online and I am not receiving any refund amount. I put down that my parents aren’t claiming me as a dependent so I took my own exemption. I just found out that my parents have claimed me on their tax return. I’m not required to file a return because I made less than $1000 and I didn’t have any federal income tax withheld. I’m 21 and was a full-time student last year but I lived on my own. What should I do? Do I need to file an amended return?

April 6, 2009 at 8:11 pm
(189) scott says:

I didn’t claim 15,000 in back payments that were made to me from a previous employer. I now have a 1099 and need to amend my return to include the additional income.

I have already received my refund from the IRS but have spent it and do not have the 2400 or so that I will owe the IRS.

Do I file an amended return? What are my payment options at this time?

Are there penalties and so on that I will have to pay, and if so are there ways around them?

Thanks

April 7, 2009 at 12:58 pm
(190) Lyne says:

After i file my tax last week, I received my 1099Form which is not included in my income tax return for 2008 that I filed last week and also I just moved to a different address. My question is if I file a 1040x Amendment Form can I put my new address on that form? Please let me know.

April 7, 2009 at 1:46 pm
(191) act says:

I think my accountant made a mistake treating my HSA distributions on my 2008 taxes. She put my HSA distributions under Pensions & Annuities on the 1040 form instead of on Form 8889. She did include Form 8889 but neglected to put anything under line 14a. My tax bill should be the same because she claimed that the Pensions & Annuities amount was not taxable. Should I ammend the form even though my tax burden does not change? I did receive a 1099-SA for my HSA distributions which I assume will go to the IRS also. Will I now get audited? Thank you for your help!

April 7, 2009 at 2:14 pm
(192) William Perez says:

Lyne, yes you can use your new address on the 1040X. There’s even a box to check (line A) to let the IRS know that you moved.

Act, you should ask your accountant to fix this for you, free of charge of course. You might be selected for audit has there will be potentially a mismatch between the information on your return and the information received by the IRS.

April 7, 2009 at 3:50 pm
(193) Mike says:

My ex filed eic for our son, he has lived with me all year and she would like to file an amendment to correct this, we both used turbotax. What is the easiest method to do this?

April 7, 2009 at 3:57 pm
(194) William Perez says:

Mike, she will file her amendment to remove the dependent, remove the EIC, and possibly change her filing status. You will file claiming your son as a dependent and any related tax credits. Both tax returns (yours and her amendment) will need to be mailed in.

April 7, 2009 at 4:06 pm
(195) Mike says:

Thanks for the quick response. I was wondering if she should fill out a 1040x or use turbo tax to amend? Also does she change federal and state? She’s being cooperative and I would like to make this easiest for her to do on her own. Thanks again

April 7, 2009 at 4:50 pm
(196) William Perez says:

She can use TurboTax to prepare the amended return, but it will still need to be printed out and mailed in. She should amend the state as well.

April 12, 2009 at 10:41 am
(197) Dave says:

I just noticed that I slightly mis-typed my street address on my electronically filed return for 2008. I’ll get my refund electronically, but, do I need to go through the added expense and time of filing a 1040x?

Also, I notice I am the only person in the entire Googalable universe asking this question – as well, at this very website. Kewl!

April 13, 2009 at 5:17 am
(198) Angelo says:

Hi,
I filed my 2008 taxes and my fedral tax got approved by IRS but I forgot to mention a amount $23 from my 1099 DIV form. Do I need to file amendment tax or I can get away with it this year? Please help me. I filed it usin Tax Cut

April 14, 2009 at 4:02 pm
(199) Michelle says:

I forgot to sign my tax returns. From the other comments, I understand that I should receive a letter asking me to sign. Will I be penalized? Is there anything else that I can do to speed up the process?

April 14, 2009 at 11:35 pm
(200) Matthew says:

I have filed already but left out a rather large deduction (tuition fees), which will make the difference between me owing the IRS and me being due a refund. I am also waiting for a corrected W-2 from my employer, which means I can’t file the amendment until after April 15th (tomorrow). Since the IRS currently has me down as owing them, will they still penalize me for late payment? Once I send the amendment, it will show that I’m due a refund, so would they simply forget about the late payment penalty, since I don’t really owe them anything?

April 15, 2009 at 6:10 pm
(201) Shelby McNease says:

I have already done my taxes for 2008 and claimed my 19 yr old son as a dependent because he attends college. Looking thru some old mail I found this 1098-t form. He also worked last year and earned about $1500.00. Do he need to file and use the 1098-T form or should I have done that when I filed.

April 15, 2009 at 9:23 pm
(202) taxes says:

Shelby, since you claimed your son as a dependent, you can also claim any tuition paid for the tuition/fees deduction or the education tax credits. So you could amend your return to take this additional deduction or credit.

April 15, 2009 at 9:32 pm
(203) taxes says:

Matthew, you are quite correct in your understanding. Once you file your amending showing that really you have a refund instead of owing, the IRS will waive any penalties or interest. So what I would focus on is getting your documents, making sure the new tax returns and the amendment are complete.

April 15, 2009 at 11:08 pm
(204) Jeremy says:

Hi I received a K-1 today April 15th. I pulled all my funds out of the partnership in 2008. The only thing on the K-1 is field 19a which is the amount I had disbursed to me, there was no income pass through, ordinary or capital gains, therefore filling out my 1040 it does not change my tax liability. Do I need to send in the 1040X? thanks.

April 20, 2009 at 8:32 am
(205) Harry says:

I filed my federal and MD taxes and have already got a refund. I realized later, that I was a part time resident (10 months) and then left the country for good.
Do I need to file an amended return? Would it make any difference in the refund I got? Also, couple of years ago, I had left the country for buisness purpose for 4 months. Did I need to consider that as a part time resident in that year returns too?

April 21, 2009 at 9:12 pm
(206) Angelina says:

I filed substitute W-2 form and I used the info from last paystub(attached with my file). However my math wasn’t right and now that I have the W-2 send I see I didn’t add the tips to the wages(to make the total tips and wages sum).The tips are right, the s.s. wages are o.k..The taxes withheld are the same, the only mistake is my math (and luck of knowledge on taxes) .What shall I do?

April 22, 2009 at 12:08 pm
(207) Robert says:

Sorry, be careful if you find a mathmatical error and do not correct via an ammended return. They have a new penalty now called “a computational penalty”. I received one of these in addition to tax and interest. So,my advice is, if you find an error, correct it. Not sure where you got this advice.

April 28, 2009 at 6:50 pm
(208) Beth says:

I have been legally separated since June, 2006. I just found out that my spouse claimed he paid me alimony in 2007 and 2008. We do not have an order for alimony payments, just child support, of which he was behind until the last week in December 2008. I have not been contacted by the IRS. Should I contact them about this situation.

April 30, 2009 at 2:45 pm
(209) sharon says:

I filed amended return and need to file another one. Can I file more than 1 amended return for the same fisical year?

May 1, 2009 at 11:25 am
(210) sarah says:

This was my first year filing on my own. And it turns out that I messed up by putting that I wasn’t a dependent of anyone. But then my mom said that she put me as her dependent on her taxes and that I messed mine up. So how do i fix this? Do I need to re-file or can I just call someone?

May 11, 2009 at 4:42 pm
(211) katie says:

Hi, i did my own taxes this year and after filling it, i foudn out i forgot to put in my tuition fee from 2008 jan to april. i just recieved my tax refund today. i was wondering if i need to fix this problem. i know its stupid of me, but i dont really want to deal with taxes no more. i much rather just leave it as it is. will i get in trouble if i dont fix this problem? or can i file that tuition fee next year instead? but the bottem line is, i dont want to have to fix the problem, even if im not going to get as much money than i should be.

May 17, 2009 at 5:08 pm
(212) Andrea says:

I am very confused. I was told by my employer I could not claim tips on my taxes as they do not claim them for us. I now found out if I would have claimed my tips I would have received another $8000!!!!!!!Is there a way to go back and ammend this? From what I am told the employer will have
to pay taxes on this.

May 18, 2009 at 10:28 pm
(213) Kerry says:

My husband and I are being audited for 2007. In preparing for the audit I now see that there are errors on our 2008 tax return. Can I file an amended return for 2008 while my 2007 tax return is being audited?

May 20, 2009 at 11:22 am
(214) Condor says:

My son and I both attended college last year. I claimed him on my tax return along with my 1098(tuition). I forgot to include his 1098. Do I have to amend my return that I have already gotten or can I just wait and use the 1098 yet year and what are the affect either way I choose.

June 7, 2009 at 10:13 pm
(215) Craig says:

My brother just told me that he opened a custodial stock account for my 4 year old son when he was born. He also just told me that he sold some stock in 2007 and my son had capital gains of $2,900. I did not know about this and therefore did not report it. What do I need to do to correct this?

June 11, 2009 at 3:17 pm
(216) Una Lorenzen says:

Hi,

Im filing a 1040x form and Im trying to figure out the adress to send it to. I am a student in California.

I did receive a letter from the IRS saying that any inquiry should be sent to Philadelphia, PA 19114-0226

Would that be the correct adress to send an amendment to?

June 13, 2009 at 9:29 pm
(217) taxes says:

Jeremy, the only thing that might change is if this distribution triggered a capital gain or loss on the partnership interest. Otherwise, if there’s no change, then there would be no need to fill out the amended return.

June 13, 2009 at 9:32 pm
(218) taxes says:

Harry, there would be no change in your federal return. For MD, you are considered a resident for tax purposes if you are in the state for more than 183 days. As such, I don’t think you would need to re-file as a part-year resident.

June 17, 2009 at 9:48 pm
(219) taxes says:

Una, if the IRS wants you to mail this to Philadelphia, then that’s where you should send it.

June 17, 2009 at 9:52 pm
(220) taxes says:

Angelina, it’s likely the IRS will correct this for you, but that may take some time (approximately 6 to 12 months). What I would do is prepare a new tax return, this time using your actual W2 and compare the figures to your old return. Do you get a larger refund? A smaller refund? If your refund is smaller using your actual data, this means you’ll need to pay back some of the refund money you received. If the refund is larger, then that means the IRS will send you the difference as an extra refund. I’d rather find out where you stand now instead of waiting for the IRS to act.

June 17, 2009 at 10:03 pm
(221) taxes says:

Beth, I would not contact the IRS until they contact you. In the meantime, keep all the documentation you have regarding the separation, child support, and alimony agreements. The reason I suggest not contacting the IRS is that if you do contact them, they will likely not know what do you with this additional information. So hang tight for now.

June 17, 2009 at 10:04 pm
(222) taxes says:

Sharon, yes you can file more than one amended return for the same year. This time you may want to consult with a tax professional just to double check that everything is accurate and complete.

June 17, 2009 at 10:07 pm
(223) taxes says:

Sarah, this is a common mistake to make. What I would do, is first look at the criteria for dependents. As a daughter you would fall into the Qualifying Child category. So review those rules. If you do qualify to be your mom’s dependent, then amend your tax return to remove your personal exemption and recalculate your tax. If you don’t qualify as a dependent, then your mom will need to amend to remove you as a dependent. Hope this helps.

June 18, 2009 at 3:36 pm
(224) tracilynne says:

on my last 5 years of returns i have been filling married when in actuality were not leagally married. i want to change it. what should i do?

June 18, 2009 at 6:16 pm
(225) William Perez says:

TraciLynne, both you and the person who is not your spouse (but with whom you have been filing a joint return) will need to file amended returns and change your filing status to single. Now I would strongly encourage you to consult with an experienced tax professional about this, either an enrolled agent, CPA or attorney, as these professionals can represent you before the IRS and the state tax agencies if any questions arise. Generally, the IRS will not allow you to switch from the married filing joint status after April 15 (the original filing deadline) unless you can prove that you were not married. Thus you will need to submit documentation that you were not married. You will recalculate your tax and determine if there’s additional tax you owe or additional refund you are due. If there’s additional tax, the IRS will assess penalties for not paying the tax by the filing deadline. Additionally the IRS may assess a special accuracy penalty of 20% if the IRS determines that you did not exercise due caution in following the tax regulations. Because of the seriousness of this issue, you would consult with a tax professional who will advise you on how to proceed with your amendments. Hope this helps.

William Perez

June 18, 2009 at 6:28 pm
(226) William Perez says:

katie, you don’t have to fix this if you don’t want to. But it could help you out. Tuition generates either a deduction or a tax credit. As a rough guess, you might be able to get 20% of your tuition as a refund. So it might make sense to correct your tax return. But if you don’t want to, that’s fine too. That tuition however cannot be added to next year’s return. Each year stands alone.

June 18, 2009 at 6:31 pm
(227) William Perez says:

Andrea, you always need to report your total income on your tax return. So what your employer said was not quite true. You should consult with an experience tax professional to help you figure out the tax calculations, since you’ll need to pay your half the Social Security and Medicare taxes. Your income tax refund might go up, as you said, but then it will be reduced by these other taxes that need to be paid in.

June 19, 2009 at 12:57 am
(228) William Perez says:

Kerry, yes you can file your 2008 amended while your 2007 return is under audit. Depending on the issues involved, you might even want to submit that through your IRS auditor, so as to preclude the possibiity of an audit on the 2008 return.

June 19, 2009 at 1:04 am
(229) William Perez says:

Condor, you should amend to claim his tuition on your 2008 return. You’ll get an additional refund that way. You won’t be able to roll that deduction over, so to speak, to next year.

June 19, 2009 at 1:11 am
(230) William Perez says:

Craig, your son should file his own tax return — of course you’ll be preparing this form him. Your son will have his own standard deduction, which is $900 in his case, so only $2,000 of the gain will be taxable. It will be taxable at your marginal tax rate, however. So if this is a long-term gain, this $2,000 of taxable income will be taxed at 5% or 15%, depending on which rate would apply if you had a long-term gain.

June 23, 2009 at 2:40 pm
(231) samy says:

I showed my capital gains on 2007 returns as 14000 but they were actually 8000. I realized it when I recieved a document from IRS asking for clarification of my capital gains. They calculated my capital gains with zero cost basis and were requesting 10000 USD. While creating the response to the letter, I realized that I owe 1000 USD from IRS. I have responded to IRS with this information and supporting documents. Do I need to file tax amendment to get the money back?

June 29, 2009 at 7:30 pm
(232) Jill says:

When I filed my 2008 taxes my divorce hadn’t gone through yet, so I used my married name. I just purchased a new home and now my name has changed back to my maiden name but I need to file an amendment for the first time homebuyers credit. I’m not sure how to do this, can I file for the amendment under my old last name since the home was purchased under my Maiden name?

June 29, 2009 at 8:12 pm
(233) taxes says:

Jill, have you changed your name with the Social Security Administration? That will need to be done before you can use that name on your tax return. Whichever name you end up using on the amended return, add statement in the explanation section that you are going back to your maiden name.

July 3, 2009 at 1:12 pm
(234) tom says:

I live with my siter and her daughter. I use neice as an disabled dep…graduated from high school with learning disability. IRS disallowed becasue she has not been determined disabled by social agency. I’m to recv a tax bill for abut $1300… My sister and I are buying a house together. She’s drawing SSI…can I file an amendment and claim my sister as a disabled dep? My income is twice the amount of hers.

July 3, 2009 at 1:24 pm
(235) William Perez says:

The IRS audited your return for the dependent and disallowed the dependent because there’s no doctor’s statement that she’s totally and permanently disabled, is that correct? Amending your return won’t help, as you will go through the same thing again, only this time with your sister. My suggestion is to appeal the original audit decision. The appeals officer will schedule a time to talk to you by phone. When you talk, you’ll be able to explain your situation and how you are taking care of both your sister and her daughter, and how one is on SSI and the other is not on SSI yet. The Appeals officer will ask a few questions, but that person will be in a position to resolve this tax question more quickly without you needed to go through the amended return process.

July 3, 2009 at 6:54 pm
(236) Jennifer says:

I filed joint with my husband for 2008, he qualified for the EIC (I think it’s called…) for two of my step-children who resides with us. But he has back pay child support for his eldest daughter who resides with her mother and the money from the EIC as well as my own tax refund were claimed by the child support agency. My husband had no income last year but because he’s the legal parent, does the child support enforcement agency still get to claim the EIC?

July 9, 2009 at 1:36 am
(237) Fernanda says:

Hi,
In 2008 we moved from NYC to CA with the same employer. The change didn’t reflect in the payroll until 6 weeks later, and taxes where still withheld for NY altough we were now in CA. We filed an extension and now have the corrected W2 reflecting the actual amount that we earned on each state and the State Income tax corresponding to that corrected information. However, state income tax had already been withheld based on the “previously reported” amount. So, which one should I report in the 1040? The tax that we already paid to the state or the one that “should’ve” paid?

July 9, 2009 at 3:20 pm
(238) William Perez says:

Fernada, you’ll report the actual taxes withheld on your 1040 for the state income tax deduction and on your NY and CA returns, respectively, as payments. You’ll probably be filing as part-year residents in each state. Just be sure to keep on eye on how your tax software allocates the income between the two states. If you get stuck, it might be a good idea to consult with a tax accountant.

July 9, 2009 at 3:24 pm
(239) William Perez says:

Jennifer, You can retrieve some of your tax refund money by submitted an Injured Spouse claim using Form 8379. The refund money will be allocated between you and your husband, and only his portion of the refund will be sent off the child support agency, and the rest will be sent back to you. In the future, submit this form along with your tax return each year to ensure that your portion of the refund gets to you.

July 15, 2009 at 11:40 am
(240) Maricia says:

Hi, I bought my first home in Dec. 2008 and I filed my taxes (e-file) in Feb. 2009, at the time of filing the person doing the filing told me I was unable to qualify for the tax credit. I had my taxes re-done in June by a seperate company and mailed in an ammendment to recieve my credit. Is there a way I can find out how long it will take before I receive the money, and/or even if my ammendment has been received? Thank you.

July 15, 2009 at 1:28 pm
(241) William Perez says:

Maricia, it’s been taking the IRS approximately 6 to 8 weeks to process amended returns right now, and allow another week or so for the check to arrive in the mail. You can always call the IRS at 1-800-829-1040 to check on the status of your tax return or refund check.

July 17, 2009 at 2:34 pm
(242) LaKeisha says:

I filed my taxes this year through a tax preparation service. I really don’t know a whole lot about taxes but the preparer put head of household on my tax return and when I filed my husbands tax return online, I put head of household for him as well. I’m trying to do my financial aid for school, but because we both filed as head of household, I’m not able to proceed with my financial aid until I fix this problem. What do I need to do in order to resolve this issue and is it going to cause any serious problems for me and my husband?

July 17, 2009 at 5:34 pm
(243) William Perez says:

LaKeisha, it’s unclear just from your comment if you are both eligible for Head of Household status. In order for you both to qualify, you would need to have lived in separate residences for at least the last six months of the year, and you would both need to have dependents who are closely related to you (usually a child). Perhaps you both qualify as head of household, in which case there’s no tax problems to fix. Perhaps one or both of you don’t qualify for head of household, in which case you’ll need to determine what your proper filing status should be for 2008. I’m not sure why this would be a problem for financial aid purposes.

July 28, 2009 at 6:34 am
(244) Derek Gutenson says:

I made a mistake filing my return, the previous year I claimed myself, but this year I was a dependent to my father and forgot to alter the form.

Is there anything that can be done?

July 28, 2009 at 8:48 am
(245) Keith says:

Hi. I just discovered that I goofed when I entered personal info into Turbo Tax in 2006…..and it carried over into my 2007 and 2008 returns. I have listed both of my child dependants and their social security numbers. The problem is that I have the wrong number on the wrong child. Do you know if I need to ammend my returns or can I call the IRS tto straighten this out? Thank you very much!

August 6, 2009 at 6:03 pm
(246) Crissy says:

My husband filed the last joint return (2007) with his ex April before last through H & R block. H & R Block made a mistake by not adding it in and her employer did not take out enough. H & R Block agreed to pay the late fees and penalties, but she still owes 1300.00. Not only does she refuse to pay it, but she refuses to sign the ammended refund which cant be sent in without her signature, so what do we do? Is there another way to file it if she wont sign it as we don’t want to get into trouble as it was not our mistake it was h & r block and her employer, so how do we protect ourselves?

August 28, 2009 at 9:43 pm
(247) CLynn says:

My husband has a daughter with his ex-wife, and we claim her every other year. This has never been an issue before, but last year he was out of work and only I worked. Apparently it was checked she lived with us fulltime. We did not catch it & we got an EIC of $67. His exwife then filed her taxes, and tried to do EIC and it said we already had filed EIC/ she called and told us to expect a letter from the IRS. So, what will happen?

October 20, 2009 at 10:49 pm
(248) Norm778 says:

Hey! I have a question about capital gains. What if my grandmother gifted me some stock and instead of using carryover basis, I used fair market value when selling it to determine my gain. I reported a 2000 gain in 05, when I should have reported a 20000 gain. When does my statute of limitations expire for the 05 return? Where do I find this information? Thanks!!!

October 29, 2009 at 10:25 am
(249) Shan says:

My Ex husband and I own a house together. Initially we had agreed he could use the interest paid on his filing. He did not use it and has given me his ok to use it to refile. I have made the payments on the loan.

I plan to file an ammended return, however the 1098 only lists his name. Is this a problem? I can prove payment out of my account.

November 9, 2009 at 4:41 pm
(250) Pam says:

How do I correct incorrect W-2’s that were given to employees for the year 2007. The IRS discovered the error and sent me a form 941-X to fill out, but the error was only on the W-2 forms given to the emplpoyees and the W-3 transmittal we sent to the IRS. This was due to payroll be outsourced for the first month of 2007. When I created W-2’s I thought it did not include the first month payroll that was outsourced, so I created additional W-2’s for that month of income, when actually it was included in the original W-2’s so the employees incomes were overreported. How do I correct this and is it going to be a big disadvantage to the employees?

I hope I am making sense.

Thank you.

November 10, 2009 at 11:15 am
(251) fran says:

Can I file as qualifying widow if my spouse died in 2007 and I have a daugher that is 20 years old that is not in school and she earns $5350 in the year.The daughter lives with me and I pay all the support.

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