Your Life

Your Life

Major life milestones often have a major tax impact. Changes in your marital status, having a baby or adopting a child can have significant impact on your taxes. This is the place to ask questions about dependents, real estate, and other various scenarios that play a significant role in what taxes you pay.

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Valued Pioneer
Posts: 3
Registered: ‎04-03-2017
Accepted Solution

marriage annulled

My marriage was annulled as of 2/28/17.  I already filed 2016 taxes as married, filing separately.  Now I see I should get a bigger refund because as a married person I was subject to the alternative minimum tax, but legally it's now as though the marriage never happened.  Do I need to file a whole amended return just to say that I went from being "married filing separately" to "single"?  Thank you!

Tax Pro
Posts: 5,715
Registered: ‎02-23-2016

Re: marriage annulled

Hi Clarissa8,

 

Welcome to the H&R Block community.

 

Because you ended your marriage in 2017 your filing status for your 2017 tax return will be either single or head of household depending on your status at the end of the year.  However, for 2016 because you were legally married as of December 31st, 2016 you cannot file single for last year.  You only have two options including filing jointly with your spouse if they're willing or filing using the married & filing separately status.  There is an exception though that will allow you to file as a head of household for 2016 if you have a qualifying child who lived with you for more than half of the year.

 

If you have any other questions I'll be glad to help.

 

Louis,
Senior Tax Advisor (Tampa, FL)

Valued Pioneer
Posts: 3
Registered: ‎04-03-2017

Re: marriage annulled

Is this true even though the marriage was annulled rather than me going through a divorce?  I filed for annulment late September, but because it was being annulled the judge needed to hear the case, and we were unable to schedule that hearing until January 9.  I know that now, in the eyes of the law, it's as though I was never married in the first place.  The annulment does away with any previous traces of the marriage in the eyes of the law.  Since it was annulled based on financial fraud (he completely misrepresented his finances to me), and my suspicion is he hasn't saved money towards his 2016 taxes (I paid his entire tax bill for 2015 until his sister repaid me), I certainly don't want to file WITH him.  But I know that as a person who now, in all contexts, can call myself "single" rather than "divorced" I would get nearly $2000 more as a refund than "married filing separately."  So it stinks if I lose ANOTHER big chunk of money to this "putative marriage" (as the lawyers call it).  Thanks...

Associate (Pioneer)
Posts: 3
Registered: ‎04-03-2013

Re: marriage annulled

When a marriage is annulled not only is it a good idea to amend your returns, you are required to do so. Even if the results aren't beneficial (i.e. you'd get more money back).

 

From IRS Pub 17.:

Annulled marriages.    If you obtain a court decree of annulment, which holds that no valid marriage ever existed, you are considered unmarried even if you filed joint returns for earlier years. You must file Form 1040X, Amended U.S. Individual Income Tax Return, claiming single or head of household status for all tax years that are affected by the annulment and not closed by the statute of limitations for filing a tax return. Generally, for a credit or refund, you must file Form 1040X within 3 years (including extensions) after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later. If you filed your original return early (for example, March 1) your return is considered filed on the due date (generally April 15). However, if you had an extension to file (for example, until October 15) but you filed earlier and we received it on July 1, your return is considered filed on July 1.

 

Amending returns can often be confusing. I'm sure there's an H&R Block office near you that would love to assist with the process.

John Bender
Tax Associate
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Valued Pioneer
Posts: 3
Registered: ‎04-03-2017

Re: marriage annulled

Thanks for the information!  That means I will need to do amended returns both for 2016 and 2015, which I'd also been wondering about.  I appreciate it!