What's the deadline to amend my tax return? Need to fix filing status and EIC claims

The 3-year deadline generally applies to getting refunds from amended returns, not to your obligation to correct errors. When it comes to incorrectly claimed credits like the EIC, the IRS can actually go back beyond 3 years. For your 2018 situation, I'd recommend filing the amendment even though it's past 3 years. This shows good faith and proactive compliance, which the IRS typically views favorably. You're right to be concerned about a potential audit when your ex files their return with conflicting information. Regarding your ex, they can still file their 2018 return even though it's late (they just won't get any refund they might have been due). The IRS won't automatically reject their return based on the timing alone. They might face late filing penalties, but they can still claim credits they were legally entitled to at that time. If you amend first and correctly reflect that you're entitled to the dependency exemption but not the EIC or HoH status, you'll be in a much better position when the IRS inevitably compares the two returns.

After dealing with a similar situation with my ex, I discovered taxr.ai (https://taxr.ai) and it seriously saved me from making some huge mistakes with my amendments. I had to fix returns where I claimed credits I shouldn't have, and wasn't sure about the deadlines either. What's cool about it is you can upload your old returns and it helps identify exactly what needs to be fixed and explains the proper amendment process. It highlighted some potential audit triggers in my situation that I had no idea about, especially with the EIC and filing status issues which sounds exactly like what you're facing. The system explained what documentation I'd need to prove my case and even helped me understand the potential penalties I might face. Much better than the generic advice I was getting elsewhere.

Just wanted to follow up about taxr.ai that someone mentioned. I was skeptical at first but decided to try it for my amendment situation with my ex-spouse. It was surprisingly thorough! The analysis showed me that while I was entitled to claim my child as a dependent based on our decree, I had misunderstood how the EIC rules worked with split custody. The tool actually saved me from making another mistake on my amendment by showing exactly which tax years I needed to fix and which ones were past the refund deadline but still needed correction. What impressed me most was how it walked me through the documentation I'd need to substantiate my claims if the IRS questioned anything. Definitely made the whole process less stressful knowing I was doing it right.

For anyone dealing with the IRS on amendment issues, especially with conflicting returns from an ex-spouse, I highly recommend using Claimyr (https://claimyr.com). I was trying to reach the IRS for WEEKS about my amendment situation and was getting nowhere. Claimyr got me connected to an actual IRS agent within 45 minutes when I had been trying for days on my own. The agent was able to see both my return and my ex's return in their system and gave me specific guidance on what to do next. You can see how it works here: https://youtu.be/_kiP6q8DX5c Getting clear answers directly from the IRS about what documents they needed and how they would handle the conflicting information was way better than the guesswork I was doing before. They even made a note in my file about our conversation so there's a record that I was trying to resolve the issue.

I take back what I said about Claimyr. After the frustration of trying to call the IRS myself for three days straight about my ex's conflicting EIC claim, I decided to try it. Got connected to an IRS agent in about 30 minutes. The agent actually had both returns on screen and confirmed that because my ex was filing so late, they would carefully review both claims. The agent noted in my file that I had called proactively about the issue and was planning to amend. The agent explained that while the 3-year limit applies to refunds, the IRS can assess additional tax for incorrect EIC claims going back several years. Having direct confirmation from the IRS about my specific situation was honestly worth it. Definitely better than the generic advice I was getting online.

People need to remember that the 3-year limitation is primarily about claiming REFUNDS, not about the IRS's ability to assess additional tax. For substantial understatements (which EIC errors can be), the IRS can go back 6 years. In situations like yours with conflicting information between divorced spouses, the IRS computers will automatically flag both returns for review regardless of when they were filed. Amending proactively is smart. Also, keep in mind the "first to file" rule doesn't really apply to legitimate entitlement. If your divorce decree specifically gives you the right to claim the exemption, make sure you include a copy with your amended return.

Has anyone successfully amended a return after the 3-year mark specifically for EIC issues? Did you face penalties?

I went through almost the exact same situation last year with my 2017 return. The key thing to understand is that the IRS has sophisticated matching systems that will absolutely catch the conflict when your ex files their return claiming the same child. Here's what I learned: You're correct that the 3-year deadline is mainly for getting refunds back, not for correcting errors. The IRS can assess additional tax on EIC issues for up to 6 years, and in some cases longer. I'd strongly recommend filing that 2018 amendment even though you won't get a refund. When I did mine, I included a detailed explanation letter with my divorce decree attached, clearly stating which credits I was entitled to versus which ones I wasn't. The IRS processed it without issues and actually sent me a letter acknowledging my voluntary compliance. The fact that your ex never filed their 2018 return actually works in your favor - it shows the IRS that you were the one trying to comply with tax obligations while they were ignoring theirs. When they finally do file, your proactive amendment will be on record showing good faith. One tip: keep detailed records of everything related to your child's custody and living arrangements for 2018. If the IRS does audit, they'll want proof of who was actually entitled to what.