• Keith Gantenbein

IRS Is Now Accepting Amended Tax Returns For Individuals By E-Filing. Should You Do It?




On August 17, 2020, the Internal Revenue Service- the IRS, announced that, for the first time, taxpayers can submit Amended U.S. Individual Income Tax Returns electronically. Previously, taxpayers could only submit this form- Form 1040-X, as a paper form by mail.


You may still submit Form 1040-X by paper, if you wish.


Currently, you may only e-file to amend individual 2019 tax returns under Form 1040 and 1040-SR, U.S. Tax Return for Seniors.


The IRS states, "The addition helps taxpayers have a quicker, easier way to file amended returns, and it streamlines work for the IRS and the entire tax community."


However, should you e-file amended individual tax returns? It depends.


When can you amend your tax returns without consulting an attorney?

  • When you are positive it is truthful and accurate to the best of your knowledge, under penalty of perjury.

  • You have the proper forms.

  • You have an easy and legitimate reason for amending your return.


When should you use you an experienced tax attorney before amending, or filing, tax returns?

  • It is near 3 years since the date of the filing of your original return. The IRS has a 3 year Statue of Limitations for audits. It may be strategic to amend a return close to this date.

  • Conversely, it may be strategic to amend your return as soon as possible to your original filing date, to negate accuring penalties, interest, or late fees.

  • You have changed your return to receive a larger refund from the IRS. This could set you up for an audit by the IRS. It is best to have an experienced attorney make sure everything is done correctly.

  • You think you made a mistake on your original tax return.

  • You made an intentional mistake and underreported your income on your original tax return and need to correct it. It is critical to consult with a tax attorney before filing any reports, as it could result in criminal ramifications.

  • An audit has been started against you. Do not file any amended returns when you have been chosen for an audit. Consult a tax attorney immediately before amending or filing returns, or speaking with an IRS agent. An experienced tax attorney will make sure your audit process goes as smoothly and painless as possible.


If you have unfiled tax returns that more than 3 years old, you should always consult a tax attorney.


If you are unsure whether or not you need a tax attorney before filing tax returns, or amended tax returns, it is best to make a consultation with an experienced tax attorney. The best tax lawyers will let you know if you need their services or not, without trying to sell you anything. It always best to set up a consult with all your documents, so you get the best advice based on all the information provided.


Gantenbein Law Firm's tax attorneys are considered the "go-to" tax lawyers for the hardest tax cases, and are known to be the best in the industry. With experience working for the IRS, their tax lawyers are knowledgeable and accomplished in tax audit, tax returns, offers in compromise, tax litigation, tax planning, tax advice and more.. From their offices in Denver, they serve clients throughout Colorado.


Gantenbein Law Firm's lawyers also practice Real Estate Law, Business Law, Probate, Estate Planning, Wills and Trusts Law, and Litigation. For more information, call 303-618-2122, or visit www.gantenbeinlaw.com.




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