TIPS ON AMENDING A RETURN

You may discover you made a mistake on your tax return. You can file an amended return if you need to fix an error. You can also amend your tax return to claim a tax credit or deduction. Here are 10 tips from the IRS on amending your return:

1. When to amend. You should amend your tax return if you need to correct filing status, the number of dependents or total income. You should also amend your return to claim tax deductions or tax credits that you did not claim when you filed your original return. The instructions for Form 1040X, Amended U.S. Individual Income Tax Return, list more reasons to amend a return
2. 
   
3. When NOT to amend. In some cases, you don’t need to amend your tax return. The IRS will make corrections, such as math errors, for you. If you didn’t include a required form or schedule, for example, the IRS will mail you a notice about the missing item.
4. 
   
5. Form 1040X.  Use Form 1040X to amend a federal income tax return that you filed before. You must file it by paper; you cannot file it electronically. Make sure you check the box at the top of the form that shows which year you are amending. Form 1040X has three columns. Column A shows amounts from the original return. Column B shows the net increase or decrease for the amounts you are changing. Column C shows the corrected amounts. You should explain what you are changing and the reasons why on the back of the form.
6. 
   
7. More than one tax year.  If you file an amended return for more than one year, use a separate 1040X for each tax year. Mail them in separate envelopes to the IRS. See “Where to File” in the instructions for Form 1040X for the address you should use.
8. 
   
9. Other forms or schedules. If your changes have to do with other tax forms or schedules, make sure you attach them to Form 1040X when you file the form. If you don’t, this will cause a delay in processing.
10. 
    
11. Amending to claim an additional refund. If you are waiting for a refund from your original tax return, don’t file your amended return until after you receive the refund. You may cash the refund check from your original return. Amended returns take up to 16 weeks to process. You will receive any additional refund you are owed.
12. 
    
13. Amending to pay additional tax. If you’re filing an amended tax return because you owe more tax, you should file Form 1040X and pay the tax as soon as possible. This will limit interest and penalty charges.
14. 
    
15. Reconciling the Premium Tax Credit. You may also want to file an amended return if:
    • You filed and incorrectly claimed a premium tax credit, or
    • If you received a corrected or voided Form 1095-A. For more information, see Corrected, Incorrect or Voided Forms 1095-A for Tax Years 2014 and 2015.
16. 
    
17. When to file. To claim a refund file Form 1040X no more than three years from the date you filed your original tax return. You can also file it no more than two years from the date you paid the tax, if that date is later than the three-year rule.
18. 
    
19. Track your return. You can track the status of your amended tax return three weeks after you file with “Where’s My Amended Return?” This tool is available on IRS.gov or by phone at 866-464-2050.

Rules Changes for ITIN and Tax Credits

Individual taxpayer identification numbers (ITINs) are commonly used by undocumented taxpayers who have a tax filing requirement. As a general rule, a taxpayer filing with an ITIN has been able to claim the same exemptions, deductions, and credits as a taxpayer filing with a Social Security number (SSN). A major exception to this rule is the earned income tax credit (EITC). Sec. 32(m) requires the taxpayer and/or a qualifying child to have an SSN, other than an SSN issued to apply to receive benefits from a federally funded program, to claim an EITC.

The Protecting Americans From Tax Hikes (PATH) Act of 2015, passed as part of the Consolidated Appropriations Act, 2016, P.L. 114-113, established new limitations for returns filed after Dec. 18, 2015. Section 204 of the PATH Act amended Sec. 32 to require that an SSN can be used to obtain an EITC only if it was issued on or before the due date of the return involved. In the past, amended returns could be filed for up to three years to claim the EITC if the taxpayer was able to obtain an SSN. Now, retroactive filing of returns to claim the EITC will not be allowed for either amended or original prior-year returns.

Similarly, Sections 205 and 206 of the PATH Act added limitations on claiming the child tax credit, including the additional child tax credit, and the American opportunity tax credit by providing that a taxpayer identification number can be used to claim those credits only if it was issued on or before the return’s due date. The new provisions do not specify whether the due date for these purposes is the original due date or the due date with a timely filed extension. The major impact of this change will be on taxpayers using newly issued ITINs. As is the case with the provision affecting the EITC, retroactive filing of returns to claim the child tax credit or the American opportunity tax credit will not be allowed for either amended or original prior-year returns that were due before issuance of the ITIN.

The issue date requirement presents potential timing issues for the 2017 tax season with regard to returns prepared to accompany Forms W-7, Application for IRS Individual Taxpayer Identification Number, where the child tax credit or American opportunity tax credit is being claimed. However, for 2015 returns only, an exception to the general issue date rule is in place. The issue date requirement for the EITC, the child tax credit, and the American opportunity tax credit is waived for a 2015 return filed on or before the due date. For example, if a Form W-7 was filed with a timely filed return for 2015, the issue date rule does not apply for that return only