In Jan. 2013 I married, but I filed my 2013 & 2014 returns as single, In 2015 I filed a joint return (married ) with my husband who only has a ITIN #. (Our 2015 return was accepted and received a refund based on Married-filing jointly return) Can I amend my 2013 & 2014 as Married-filing jointly and receive the additional refund?
Yes, you should be able to. A 1040X filed for a refund is considered a “claim for refund.” A claim for refund must be filed within 3 years from the time the return was filed or 2 years from the date tax was paid, whichever is later. It seems like you would have enough time to file a claim for refund. You should seek a tax attorney to help you with this matter.
– Law Office of Kunal Patel LLC