Separate While Incarcerated

Today TaxMama® hears from AShepherd in the TaxQuips Forum, with a sensible question. “I filed married filing separately this year because, at the time, my husband was incarcerated.
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He is out now. Can we file jointly still and if so, how can we ( will a 1040x do the job)?
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I couldn’t claim anything, our kids the EIC etc….
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I only got 56 bucks back. Please help we really need the money.”

Dear AShepherd,

Mike Reed, EA explains.

Yes, Per Pub 501 you can change from MFS to MFJ – you must file within 3 years of the original due date.

This will be an amended return, thus you do not “return” the $56, the 1040X will compute any balance or refund due.

And remember, you can find answers to all kinds of questions about filing statuses and other tax and business issues, free.
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Where? Where else? At

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