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I filed for a divorce. How much time do I have to amend our 2010 and 2011 income taxes?

Lake Elsinore, CA |

We have a e bay business and all the income has gone on my husband's social security number, per our tax man's recommendations. My attorney knows I want to amend our taxes. How much time do I have to amend our 2010 and 2011 income taxes? Is the judge the only one that can get this approved and or authorized for me?

Attorney Answers 1


For federal tax purposes you have a 3 year statute of limitations so 2010 must be amended before 4/15/14 generally speaking. As for California, it has a 4 year statute of limitations,so you have until 4/15/15 until you must amend the 2010 California return. The running of the statute of limitations begins on the required filing date. So, a 2010 return must be filed by 4/15/11 and that starts the statue of limitations period.

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Rex Wenstrom Halverson

Rex Wenstrom Halverson


I meant statute not statue. As for your last question about a Judge's Order, that may do it.

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