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A ruling in 2010 says gay couples can amended back to 2007, but will there be penalties owed?
California community property is now recognized in a private letter ruling. My partner makes more than I do since I'm a student. If I amend our returns going back to 2007, doing income-splitting to level out our returns, he will get a refund but I will have to pay...would I also have to pay a penalty even tho the ruling is just out this year?
Thanks, despite (almost any) penalty and interest, it would prolly be worth our while to amend. But I am curious about how they'll treat penalties on such a recent ruling; since they still don't permit joint returns my partner will get a refund and I will owe more and will prolly be asked to pay penalties on the "late tax".
5 Answers
- Anonymous1 decade agoFavorite Answer
The only penalty that an amended return would automatically generate is for late filing if the original return was filed late provided any additional tax was paid with the return or right after you got a bill. Interest would be due on any additional tax or paid on any refund.
- 1 decade ago
You would appear to have justification to request an abatement of the penalties from the FTB. Any interest involved will be collected and generally cannot be waived. That would largely be offset by interest paid by the FTB on the other amended return with the refund, so would be pretty close to a wash.
- troLv 71 decade ago
in Calif. those who are registered with the Sec. of State as domestic couples can file married, jointly
this does not apply to your federal return, only your Calif
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- Anonymous1 decade ago
no its not required