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Hamill: Tax Mulligan gives your return a second swing

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Many people claim that golf is the most rule-based game in the world.  I鈥檓 not sure about that, but it does have a lot of rules.

But as they say, rules are made to be broken. One significant breakage is the so-called 鈥淢ulligan.鈥 

No one can agree on the origin of the term, although most connect the term to some guy named Mulligan. People disagree on who this guy is. 

But most golfers appreciate Mr. Mulligan and his legacy in the game. A golfer who hits a bad shot may take another shot to replace the first one.

Some would contend that the number of Mulligans allowed is limited only by whether another group is waiting and the number of balls you have available.

Non-golfers might prefer the term do-over, one that applies beyond the golf game but serves the same purpose.

I don鈥檛 like the way my first effort turned out, so I will take a do-over. Like the Mulligan, this means the first effort did not count. 

It turns out that the tax law has a do-over rule.  And this one is actually allowed by the rules of the tax filing game.

They call it a 鈥渟uperseding鈥 return. This applies when the taxpayer first files an original return and later seeks to change it.

The common approach for changing is an amended return, which is filed on IRS Form 1040-X. New Mexico has a PIT-X for the same purpose.

An amended return corrects a prior tax filing but does not replace the original. The taxpayer has two separate filings.

A superseding return is a do-over. It cancels out the original return and replaces that return. There is only one filing left after the superseding one.

To qualify as a superseding return, the superseding return must be filed on or before the due date of the original return, including any extensions. 

Let鈥檚 say that you filed your original tax return on March 1. You included information from a Schedule K-1 form received from a partnership.

You later get a revised Schedule K-1 reporting different numbers. You receive this before April 15. 

You can now file a new, superseding Form 1040 reporting the correct numbers from the partnership. This erases the original tax return.

If you extend the tax return due date to Oct. 15, the superseding return can be filed any time up to Oct. 15. 

An amended return is best used when you are trying to correct information included on an original return, but after the tax return due date has passed.

You do not have to file a superseding return even if you are eligible. An amended return remains an option to correct the original return. 

IRS instructions say to write 鈥渟uperseding return鈥 at the top of the new tax filing. This works only if you file your tax return on paper.

Tax return software has a code that will be checked to indicate that the new e-filed return is a superseding return.

So why file superseding? There are certain tax elections that may only be made on an original tax filing. A superseding return allows these elections to be made. 

One is to claim the section 179 election to expense certain business property. Another is to elect not to use the installment method of reporting for sales of property. 

Many practitioners feel that if the purpose of the new filing is to correct errors made on the first return, a superseding return is a better option.

It will effectively erase the information reported on the first return. Practitioners often claim that tax refunds come faster with a superseding return. 

If you designated your refund to be applied to estimated taxes but now want a refund, a superseding return is the way to go. 

Partnership tax filings are now subject to audit using a 鈥淏BA鈥 audit. This references the Bipartisan Budget Act of 2015.

BBA partnerships cannot file amended tax returns. The partnership designates a 鈥減artnership representative鈥 who must file an 鈥淎AR鈥 form with the IRS.

This is an administrative adjustment request and is more involved than an amended return. The AAR process can be avoided by a superseding partnership tax return. 

Some partnerships can elect out of BBA audits. These partnerships will still be able to file amended tax returns.

Jim Hamill is the director of tax practice at Reynolds, Hix & Co. in Albuquerque. He can be reached at jimhamill@rhcocpa.com.