will amended return reduce IRMAA ?

[JGE]

My wife and I filed separate returns in 2020 (MFS), because her situation was very complex (with some inheritance and such) and she wanted to have a CPA do it.

I knew she would probably get hit by IRMAA, but until she just received her premium notice for 2022, I did not realize that IRMAA is different (with fewer and lower thresholds and higher surcharges) for MFS than for single filers.

It seems it'd be beneficial for us to file and amended return, changing ur filing status from MFS to MFJ. I gather this is legal and reasonable.

My question: If we do this, thereby qualifying for a smaller (or perhaps even zero) IRMAA surcharge, will Medicare adjust our premium amounts ? Do we have to be pro-active in this, and if so, how difficult is it ?

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[JGE]

On Friday, November 26, 2021 at 8:35:38 PM UTC-5, JGE wrote:
> My question: If we do this, thereby qualifying for a smaller (or perhaps even zero) IRMAA surcharge, will Medicare adjust our premium amounts ? Do we have to be pro-active in this, and if so, how difficult is it ?

I'm given pause by the fact that the form to request change of IRMAA (SSA-44, https://www.ssa.gov/forms/ssa-44-ext.pdf) requires one to select a "life-changing event" that lowered their AGI. There seems to be no provision for the change in filing status I want to make (or for a simple arithmetic error in the original return, for that matter).

[Alan]

On 11/26/21 5:32 PM, JGE wrote:
> My wife and I filed separate returns in 2020 (MFS), because her situation was very complex (with some inheritance and such) and she wanted to have a CPA do it.
>
> I knew she would probably get hit by IRMAA, but until she just received her premium notice for 2022, I did not realize that IRMAA is different (with fewer and lower thresholds and higher surcharges) for MFS than for single filers.
>
> It seems it'd be beneficial for us to file and amended return, changing ur filing status from MFS to MFJ. I gather this is legal and reasonable.
>
> My question: If we do this, thereby qualifying for a smaller (or perhaps even zero) IRMAA surcharge, will Medicare adjust our premium amounts ? Do we have to be pro-active in this, and if so, how difficult is it ?
>

An amended return for 2020 going from MFS to MFJ that lowers the IRMAA
income threshold is a legitimate reason to file an appeal. Her Initial
Determination Letter from the SSA will include the instructions for
appealing. She has 60 days from receipt of the SSA letter to file the
appeal. The first step is to prepare and file the amended return and get
proof of mailing and get a return receipt. She will need a signed copy
of the return with the proof of mailing to the IRS. The next step is
either to make an appointment with the SSA or to use SSA Form SSA-44.
This form looks like you are filing for a major like event, but
disregard that as this is the form to use for the aforementioned
purpose. In Step 1 just handwrite a checked box with the words Amended
2020 Tax return - Change in Filing Status. Step 2 should use the data
from the 2020 amended return. Step 3 is self-explanatory. Step 4 is
mailing the form with the signed amended return and proof of mailing.
Also mail this form to the SSA with return receipt and proof of mailing.
The most important part of all this is to meet the 60 day rule.

Typically, the SSA will not act on this appeal until they get proof from
the IRS that the amended return was accepted. This could take awhile.

In the interim she will have to pay the IRMAA. Ultimnately, she will get
a refund.