Legal Question in Tax Law in Illinois

IL return

I & my wife filed �married filing jointly� IL- State return for year 2007

She was part year resident (for FL and IL) and I was full year resident (for IL)

Because �married filing jointly�, I had to report her also as full year resident on IL state return and had to include her FL income of $14000 also in IL state return, so I ended up paying $400 extra taxes!

We should have filed our IL state return as �married filing separately� (even though we filed federal as �married filing jointly�) so in my IL state return, I would have reported my self as FULL YEAR RESIDENT and in her IL State return, I would report as part year resident and I won�t include her FL income of $14000 in her IL state return.

Now we are trying to amend our IL state return (which was filed as �married filing jointly�) and want to amend so that we can file separate return for IL for both of as, please advice how can we do that?

Any response is greatly appreciated!


Asked on 6/23/09, 12:45 pm

1 Answer from Attorneys

Re: IL return

Generally, once you file a joint return, you can not amend to file separately. You are probably stuck paying the tax.

You can try calling the Illinois customer service number to see if there is any way to obtain assistance on this issue.

Good luck to you.

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Answered on 7/09/09, 12:12 am


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