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Started By
Message
Amending Tax returns due to annulment.
Posted on 7/4/21 at 10:09 am
Posted on 7/4/21 at 10:09 am
Found out this Past tax season that I may have to amend 3 years of tax returns due to the annulment of my marriage. I have talked to multiple CPAs, there isn’t a lot of information on amending joint returns after this many years. Usually you can’t amend a joint return after this long, but from what I am reading, you have to file these amended returns if you get a annulment. CPAs that I have discussed this with say do nothing. But my x wife’s CPA is pushing forward with it and filling hers, by her doing that, it will put me on the IRS radar and forces me to have to make a move. So we’re the big problem comes in. My CPA is telling me that the whole sum of tax refunds for those years would possibly have to be payed back and they distribute new separate refunds to me and my x wife. Problem is the x wife doesn’t have the means to pay back her portion. Which means they will be coming after who ever they can to get that money. We are talking 36000 dollars!!!Has anyone had to deal with this? Or does anyone know of a CPA that knows how to deal with this rare situation?
Posted on 7/4/21 at 10:33 am to Tiger631
What’s the point of annulling your marriage here? Sounds like you just gave your ex a bunch of your money through the wonderful power of the federal government
Posted on 7/4/21 at 10:43 am to Upperdecker
We had one of those covenant marriages. Pain to get out of. Annulment through the state of Arkansas was quickest way.
Posted on 7/4/21 at 1:13 pm to Tiger631
quote:
We had one of those covenant marriages.
So who was cheating and doing meth?
Posted on 7/4/21 at 7:31 pm to Tiger631
quote:
Problem is the x wife doesn’t have the means to pay back her portion. Which means they will be coming after who ever they can to get that money
This doesn’t make any sense. Your ex-wife’s CPA is forcing her to refile knowing she cannot pay the $36k? And, if you all were never married, which is what an annulment means, how could they come after you?
This post was edited on 7/5/21 at 9:55 am
Posted on 7/4/21 at 8:03 pm to Tiger631
quote:
We are talking 36000 dollars!!!
How the hell are you getting $36,000 in tax refunds in 3 years? That’s a lot of interest free loans you’re giving the gubment every year.
Posted on 7/5/21 at 3:43 am to Sput
[quote]So who was cheating and doing meth! Neither , we trashy , but not that trashy!!!
This post was edited on 7/5/21 at 3:48 am
Posted on 7/5/21 at 1:12 pm to Tiger631
You file a 1040 X to amend your taxes from MFJ to Single status for the previous 3 years. You both completely refigure your tax liability based on your own income, deductions, etc for each of those years and then you are each separately responsible for that liability. So if you got a refund as MFJ but owed taxes as Single for 2018, then you are responsible for paying that difference. Same for her and same for each year within the 3 year statute of limitations.
This post was edited on 7/5/21 at 1:17 pm
Posted on 7/5/21 at 1:20 pm to Tiger631
Dang man did she never put out
Posted on 7/5/21 at 1:30 pm to el Gaucho
quote:yea, she put out plenty! 3 kids ( not by me, step kids!)
Dang man did she never put out
Posted on 7/5/21 at 1:31 pm to Lightning
quote:good information!! Thank you!!
You file a 1040 X to amend your taxes from MFJ to Single status for the previous 3 years. You both completely refigure your tax liability based on your own income, deductions, etc for each of those years and then you are each separately responsible for that liability. So if you got a refund as MFJ but owed taxes as Single for 2018, then you are responsible for paying that difference. Same for her and same for each year within the 3 year statute of limitations.
Posted on 7/5/21 at 1:57 pm to Tiger631
I’ll pray for you baw that you are able to exorcise the single mom demons from your life
Posted on 7/5/21 at 1:59 pm to Tiger631
Oh OK this makes sense if she has kids and you don’t. She will most likely have less tax liability if she refiles as single because if she has the kids and was unmarried, she can file Head of Household. HOH status, dependent on her income, could mean that she ends up getting more money from those previous years than she did as MFJ.
Posted on 7/5/21 at 4:09 pm to Lightning
quote:
HOH status
I think you spelled it wrong, and while I agree, that’s not very polite baw
Posted on 7/5/21 at 4:13 pm to Lightning
quote:righ. I have 1 dependent of my own I can claim and head of house hold. I usually don’t show my dependent till I file taxes. So hopefully I won’t have to pay in much .
Oh OK this makes sense if she has kids and you don’t. She will most likely have less tax liability if she refiles as single because if she has the kids and was unmarried, she can file Head of Household. HOH status, dependent on her income, could mean that she ends up getting more money from those previous years than she did as MFJ.
Posted on 7/8/21 at 8:59 am to Tiger631
It's actually not a particularly complex situation.
You will file a 1040X (and the Arkansas equivalent) to change your filing status from MFJ to Head of Household) and then compute the tax return with only your info.
They aren't going to make you pay back the entire refund and then issue new ones. They will state that any refund you got was earned 50% from each of you. They will then compare how much that 50% is, compared to what it is now that you are filing individually, and either you will owe or get additional refund.
So say you got a 12K refund in 2019 for MFJ. You are assumed to get 6K. You file an amended return and based on your info, you should have received a refund of 2K. You then will owe 4K back.
You will file a 1040X (and the Arkansas equivalent) to change your filing status from MFJ to Head of Household) and then compute the tax return with only your info.
They aren't going to make you pay back the entire refund and then issue new ones. They will state that any refund you got was earned 50% from each of you. They will then compare how much that 50% is, compared to what it is now that you are filing individually, and either you will owe or get additional refund.
So say you got a 12K refund in 2019 for MFJ. You are assumed to get 6K. You file an amended return and based on your info, you should have received a refund of 2K. You then will owe 4K back.
Posted on 7/9/21 at 11:52 am to LSUFanHouston
quote:.. that sounds simple enough. But I am struggling to find a CPA to deal with it. The CPA that most recently looked at them said that he is having trouble getting his computer program to make changes needed to do the amendeds. He has contacted a tax attorney that he knows for some more answers. I have no idea why this has to be so complicated. I may need to hire you or the other individual that has been commenting on this post to sort this out. I am Just ready to put this behind me.
It's actually not a particularly complex situation.
You will file a 1040X (and the Arkansas equivalent) to change your filing status from MFJ to Head of Household) and then compute the tax return with only your info.
They aren't going to make you pay back the entire refund and then issue new ones. They will state that any refund you got was earned 50% from each of you. They will then compare how much that 50% is, compared to what it is now that you are filing individually, and either you will owe or get additional refund.
So say you got a 12K refund in 2019 for MFJ. You are assumed to get 6K. You file an amended return and based on your info, you should have received a refund of 2K. You then will owe 4K back.
Posted on 7/9/21 at 1:11 pm to Tiger631
How did you file your tax returns originally? Did you use a software provider? Turbotax etc.
Posted on 7/9/21 at 3:11 pm to Sterling Archer
quote:I have a CPA that does mine. He has Been doing it a long time. It didn’t seam like he had time to research and see what needed to be done, so I hired another gentleman that has been in the business a long time.
How did you file your tax returns originally? Did you use a software provider? Turbotax etc.
Posted on 7/10/21 at 1:59 pm to Tiger631
This post has been stuck on mind.
I would get legal counsel and file suit against her and her CPA to stop the amended filing.
See if she has the means and fortitude to fight it.
I would get legal counsel and file suit against her and her CPA to stop the amended filing.
See if she has the means and fortitude to fight it.
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