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Something important nobody mentioned yet - when filing an amendment to change from MFS to MFJ, make sure your preparer includes BOTH of your original separate returns with the amendment. A friend of mine had their amendment rejected because they only included one spouse's original return. Also, your preparer should be using Form 1040-X and checking the box that indicates you're changing your filing status. They'll need to complete all three columns (original amount, net change, correct amount) for each line item that's changing. And definitely double-check that your kids are properly claimed with their SSNs!
This is really helpful! I don't think he included both our original returns when he did the first amendment - that might be part of the problem. Should I be asking for copies of everything before he submits? I'm worried if I don't see it beforehand, I'll end up with another mistake.
Absolutely request copies of EVERYTHING before he submits! You should get: 1) The complete Form 1040-X 2) Any supporting schedules that have changed 3) A copy of both your original separate returns that are being attached 4) Any worksheets he used to calculate the new numbers Review each form carefully and make sure your children are properly listed with their names and SSNs on the appropriate form. Check that the "net change" column accurately reflects the difference between your original filing and the corrected amounts. Don't let him submit anything until you've had a chance to review it all. Given his track record, you're right to be cautious!
Has anyone mentioned that you can actually do this amendment yourself? Since you're not confident in this tax preparer, you might consider DIY. For a filing status change from MFS to MFJ, you'll need: 1) Form 1040-X 2) Both original tax returns 3) A newly completed joint return (as if you had filed jointly originally) The form has instructions, and you can call the IRS with questions. I did this exact amendment last year (changing from MFS to MFJ for 2020) and while it was a bit tedious, it wasn't actually difficult. And I felt better knowing I had control over the process.
I did this too but recommend using tax software if you go this route. I used TaxAct for my amendment (changing from single to head of household) and it walked me through everything step by step. It was much easier than trying to figure out all the forms myself.
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Something no one mentioned yet - you can also file Form 4852 (Substitute for Form W-2) with your tax return. Since you have your last pay stub, you should have most of the info you need. My husband had to do this last year when his employer went bankrupt and nobody was answering phones. We just filled out the form with the info from his last paystub and filed it along with our tax return. We didn't have any issues with the IRS accepting it. Just be aware that you might get a letter from the IRS later if the numbers don't match exactly what the employer reported, but you can deal with that if it happens.
Thanks for bringing up Form 4852! I actually didn't know about that option. So if I use my last pay stub to fill out this form, do I need to do anything special when filing my taxes? Like do I need to mail my return instead of e-filing?
You might need to mail in your return instead of e-filing if you're including Form 4852. Some tax software allows you to e-file with this form, but others don't. We ended up mailing ours to be safe. Also make sure you fill out Section 3 of the form explaining why you're filing a substitute W-2 and what efforts you made to get the original (like your phone calls and emails to the company).
If none of these options work out, remember there's one last resort - you can file for an extension using Form 4868. This doesn't give you more time to pay (you'd still owe interest on unpaid taxes), but it gives you until October 15, 2023 to file your 2022 return. That might give you more time to track down your W-2 info. Just making sure you know all your options!
Unfortunately that won't help in this case since they're trying to file 2022 taxes now in 2023/2024. They're already past the extension deadline. They need to file ASAP to minimize penalties.
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My husband and I are both self-employed too and ran into this last year. We fired our accountant on the spot when he refused to file our 7202 forms and found someone new who was willing to finish our taxes properly. Yes it was more expensive but the credits we got were substantial - about $8300 total between us. Dont let your accountant push you around - this is YOUR money and a legitimate tax credit you're entitled to.
Fired him on the spot? But then you had to find someone new during tax season? How did you even manage that? Most good accountants are completely booked up by March.
Are you sure the form is even necessary for your situation? Many self-employed people think they qualify for these credits when they actually don't. The credit is specifically for self-employed people who couldn't work because they or someone they care for had COVID or they had to care for kids due to school closures. It's not just a general COVID relief credit. Have you verified you qualify?
This is an important point. A lot of people think any income loss during COVID qualifies, when the form is specifically for days you couldn't work due to very specific reasons. The IRS has been flagging suspicious 7202 claims for audit, so you definitely want to make sure you qualify and have documentation.
Thanks for clarifying! That makes more sense why you're pursuing this. Given your situation, I'd definitely push for including Form 7202. The credits can be substantial. One option not mentioned yet - some tax software programs like TurboTax or H&R Block software allow you to complete Form 7202 yourself. You could potentially use the software just for that form, print it out, and give it to your accountant to incorporate into your return. That's what a friend of mine did when her accountant was being difficult about some rental property deductions.
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4 One thing to keep in mind that I don't see mentioned here - make sure you understand the tax consequences of revoking S-corp status. When you go from S to C, there are some potential tax traps like the built-in gains tax if you sell appreciated assets within 5 years after revocation. Also, if you had accumulated adjustment account (AAA) balances, you need to plan for how those will be treated after conversion.
11 Good point about the tax consequences, but isn't there a way to avoid some of these issues? I thought I read something about a post-termination transition period where you can still distribute AAA balances tax-free?
4 Yes, that's correct. After S corporation status ends, there is a post-termination transition period (generally 1 year after the last day of the last S corporation tax year) where shareholders can still receive distributions from the former S corporation's AAA tax-free to the extent of their stock basis. This can be really important for planning purposes. Some shareholders mistakenly believe all their distribution options end when S status is revoked, but this transition period provides a window to distribute accumulated S corporation earnings without dividend treatment under C corporation rules.
9 I wonder if your situation might be a candidate for a late-filed election to be a C corp from the beginning? If your S election was approved for 2023 but you realized immediately that you don't qualify, sometimes the IRS will let you treat the S election as if it never happened. Might be worth asking your accountant about Form 2553 with a "never effective" statement.
14 I dealt with something similar and we ended up going this route. The key was proving that we never operated as an S corp (no distributions, no K-1s issued, etc.) and that it was an honest mistake in the election. Saved us from having to do the split-year filings.
Chloe Zhang
One thing nobody's mentioned - check if you've ever had a tax preparer. I had something similar happen and it turned out a tax prep company I used YEARS ago had a data breach. The thieves got enough info to file returns. Also, don't overlook the possibility of family members. Unfortunately, a lot of tax ID theft is committed by relatives who have access to your personal info. Especially if no refund was claimed, it might be someone trying to claim business losses using your identity.
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Brandon Parker
•How would using someone else's identity for business losses even help the thief? I don't get the motivation.
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Chloe Zhang
•The most common scheme is that someone has a legitimate business with profits they need to offset. They use your identity to create fake losses that they can then "sell" to their business. Basically they're manufacturing deductions. For example: They create a fake Schedule C business under your name showing $50k in losses. Then in their real business, they create fake invoices showing they paid "your" business $50k for services. Their real business gets a $50k deduction, while the taxes on that $50k income are assigned to you (but offset by the fake $50k in expenses they created). The result is they get a tax deduction while you get a mess to clean up.
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Adriana Cohn
This happened to me too! Check if the paper return claimed the Earned Income Credit or Child Tax Credit. Those are common targets. My case was finally resolved after 11 months - you need to be super persistent. Print and fill out Form 14039 like others suggested. Send it certified mail with return receipt requested. Also get your wage and income transcript from IRS.gov as it shows who reported paying you - check for employers you don't recognize.
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Grant Vikers
•Did the IRS eventually get you your refund? I'm worried I'll never see that $5.5k at this point.
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