USA Clients mistakenly filed MFJ

[Tundraguy]

Hi all!

So this is a unique one for me, I have recently acquired a married couple as a client. One of them owns businesses (two LLCs) and the wife filed through Turbotax they were MFJ, included him on the return, but included none of his income for 2015. They had filed MFJ in 2014, and I believe she just rolled it over without thinking about it.

So through his business as a general contractor, he never filed any 1099s, and never filed the taxes for either of them locally or federally, though now he is listed as a MFJ on her return.

The only thing I can think to do is amend the MFJ return into two separate returns, but I remember there being a thing not too long ago about MFJ could not do MFS after the fact.

Comments? Suggestions? Ideas?

Thanks!

 

[DTA93433]

Correct. Generally, once you file a joint return, you cannot choose to file a separate return for that year after the due date. The only choice then is to amend the return as MFJ. However, if one spouse is concerned about being held liable for a business they didn't participate in; the injured spouse could always seek "innocent spouse relief". No harm done.