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A married couple timely files for an extension on their taxes as MFJ. When they are ready to file their taxes on a timely basis can they file as MFS, as they are now in the process of getting a divorce?

I know that once the MFJ return is filed, it cannot be amended to MFS. Was not sure if the extension also required MFJ.
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Kathryn Morgan
Yes they may. The extension gave them the extra time to file and does not lock them into a filing status. You are good to go with whatever filing status they are comfortable wwith. If you are a Tax Preparer and are doing both returns make sure you get a conflict of interest letter signed by both parties!
Leave a Comment 456 weeks ago

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Question Owner
Kathryn, Thank you. I have already requested both parties sign a conflict of interest letter in case they end up filing MFJ.
Reply 456 weeks ago

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