We life in California, a community property state. My understanding is that if you file MFS you can later file amended return and file jointly (if both agree) but if you file jointly you can't file amended return to change to filing separately... does this come into play when filing an extension?
In essence if we file the extension with both of our names on the same extension form, does that prohibit us from filing as married filling separately, when the actual return is filed?
I've already tried...
Looked in IRS Pub. 504 and couldn't find anything specifically on this.
Answers
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I want to know if we can file the Federal (IRS) extension with both of our names on it but then later file our actual return separately (Married Filing Separately).
Please answer the above question but if you don't know please don't guess.
You are answering a different question and while I don't know which income you would report if you file MFS on the California, I do know that on Federal, you must report half of the community + all of your separate income on your separate return so it seems unlikely your statement about California is correct.
Expert
In California on a MFS return you file the income that you made on your return and the income your spouse made on their return. For example, if you made $50,000 and your spouse made $30,000, then you would report $50,000 on your return and your spouse would report $30,000 on their return. I hope this helps.
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Seems to have been some mis-communication...I wanted to know about the IRS which is why I said I had looked in IRS Pub 504. Point is that since live in California, have to report one-half of the community income on the MFSep return so can't just report own separate income on return filed under MFSep.
Expert
California Law states that you must file with the same filing status as your federal tax return. So if you decide to extend your returns as Married Filing Jointly for Federal and California you can change your mind and file your returns Married Filing Seperate, as long as both your Federal and State returns have the same filing status when filed.
To answer your first question you may file your extension as MFJ and then later when you file your return you may change it to MFS. Your California return must have the same filing status as your filed Federal return.
To answer your second question it sounds like there are many variables involved with your situation. IRS Pub. 555 maybe helpful in regard to this subject. Please feel free to call me, so that I can better resolve this issue for you.
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