Q: Hy, my tax p. do the filing status wrong. Instead married filing separate.they wrote single.Must I return the tax?
I'm still married but my husband just went away. About 8 months ago.And my two sons are with me. They are both 18 years old at April 2017. They are still students . I'm just earning 11k in a year.
The people did my tax paper filled the status wrong . But I received about 3k from the tax irs . After My son discovered and saw that the office ,they filled it wrong .
What do I have to do? Send 3k back to the tax ira or send 1040X form? Thank you. I'm a greencard holder . Thank you
A:
If you and your spouse lived apart for the entire last 6 months of the year, then you could qualify for head of household filing status, even though you are still married. However, you are saying that your husband left 8 months ago which would indicate to me that he left somewhere around October. If this is the case, then you did not live apart for the last 6 months of 2016 and therefore would not qualify for head of household filing status and would need to file as Married Filing Separate.
To correct the filing status issue, whether it is to change from Single to Head of Household or Married Filing Separate, you should file a Form 1040-X. If you still have the check from the IRS, you can write "Void" on it and mail it back with the amended tax return (Form 1040-X) to avoid any interest charges. If you do not still have the original check from the IRS, you will need to submit your own payment. When you fill out the Form 1040-X, part of this process will be computing how much additional tax you owe and you can submit a check in that amount. When the IRS processes your tax return, it will send you a bill for any interest you may owe due to receiving a refund that was too high.
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