Amending Incorrect Returns Attorney in Ft. Lauderdale, Florida

The misleadingly labeled Inflation Reduction Act of 2022 did bring big changes for taxpayers in one sense, with budgeting for 87,000 new Internal Revenue Service (IRS) agents included in the legislation. With more boots on the tax-front turf, the number of audited returns is likely to rise in the coming years. 

In the meantime, what if you submitted your annual tax filing and then realized that you made a mistake on it? Maybe the mistake favors you or favors the government, but either way, it needs to be corrected, especially if one of those 87,000 new hires discovers an error favoring the IRS.  

What if the error occurred on a previous year’s filing? How do you amend your return, recent or previous, and what are the IRS rules and procedures governing amended filings? 

Depending on the age of your return that needs updating, you can file electronically, but returns older than three years must be filed on paper. The IRS says it can take up to 20 weeks to process your updated version, paper or electronic. So, if you’re seeking a refund, you can sit back and relax for a few months. 

If you need help with your tax filing or with your amended tax return preparation in or around Ft. Lauderdale, Florida, contact me at Zuckerman Law, LLC. I have more than three decades of experience in helping clients resolve their tax issues.  

My firm serves clients throughout South Florida, including not only Ft. Lauderdale, but also Miami, Boca Raton, North Miami Beach, Sunny Isles, Hollywood, and Aventura. 

Reasons for Filing an Amended Tax Return 

The IRS website lists as reasons for filing an amended return “a change in your filing status, income, deductions, credits or tax liability.” The web page also notes that the agency will routinely correct mathematical or clerical errors, and in those instances, tax filers do not need to file an amendment. 

As for changes in income, you are required to update the amount if you under-reported for some reason. As for deductions and credits, you should file if you didn’t claim what was due you or if you claimed credits or deductions you shouldn’t have. 

As for tax filing status, the IRS notes that once you file a joint return, you cannot amend it to married, filing separately, but will have to wait until the next tax year to do so. (There are some exceptions if one spouse has passed away.) 

Time Limits for an Amended Return 

If you’re seeking a refund through an amended return, you have three years from the date you filed your original return or two years after the date that you paid the tax owed, whichever is later. Estimated payments and taxes withheld at work are considered paid on the due date of the return, which is generally April 15 of each year. 

The Process for Amending a Return 

As noted earlier, to amend a return, you can do so electronically if the return is not more than three years old. However, returns originally filed by paper must also be amended by paper.  

As for the three-year threshold, the IRS website states: “You can amend tax year 2019, tax year 2020 and tax year 2021 Forms 1040 and 1040-SR returns electronically at this time. Additionally, amended Form 1040-NR and amended Form 1040-SS/PR can now be filed electronically for tax year 2021.” 

Whether filing electronically or by paper submission, you must use IRS Form 1040X, Amended U.S. Individual Tax Return. You must also submit any supporting documents to substantiate the change or changes you are making to your original return. 

Federal and State Considerations 

Florida does not have a state income tax, so there is nothing to update. Florida relies on sales tax and other fees for its state revenues.