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Amending 2009 tax return - filing jointly

Brooklyn, NY |

Is it possible to amend the 2009 tax return to file as married filing jointly? I've gotten married in november 2009, but wasn't sure if I was supposed to file as married, now I need to file as married filing jointly but am not sure of the process. Can I print out forms somewhere? How long does the process usually take?

Thanks so much for any advice!

Attorney Answers 4


As indicated, you can still amend your 2009 filings. Indeed, if you were married you are required to either file married, filing jointly or married, filing separately. You might find IRS Pulbication 501 helpful.

You should amend as soon as possible in case you have incurred penalies and/or interest.

For purpose of amending, you might hire a CPA or, if your taxes are simple, use a bookkeeper. You might also use a commerical service, such as H&R block or a program such as turbo tax. If you qualify, you might also search the web to see if there are free filing services in your commumity. ARRP often runs a free tax prepareation service during tax season.

Note the following from Pub. 501:

Marital Status
In general, your filing status depends on whether you are considered unmarried or married. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife.

Unmarried persons. You are considered unmarried for the whole year if, on the last day of your tax year, you are unmarried or legally separated from your spouse under a divorce or separate maintenance decree.

State law governs whether you are married or legally separated under a divorce or separate maintenance decree.

* * *
Married persons. If you are considered married for the whole year, you and your spouse can file a joint return, or you can file separate returns.

Considered married. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.
You are married and living together as husband and wife.

You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.

You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.

You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

* * *

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You can get all the IRS forms at, however, if you are going to filed amended returns, you really should hire a CPA to prepare the forms for you.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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You can file an amended tax form, Form 1040X and you can find that form at

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Yes, you can amend your return. You file an amended return on form 1040x. You will also be required to file an amended state return. You can find the federal forms at WWW.IRS.GOV. There is also instructions for completing Form 1040x.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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