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Hello JA Customer,
You can always file returns for yourself as you suggested, using the married filing separate status. That may be the best thing to do in this particular situation, as that way you would not be responsible for any taxes that he owes on his own or be responsible for his not filing.
If you had enough taxes taken out of your own paychecks to cover what you owe, then you would not have to worry about paying any penalties. When you file late returns, penalties are only assessed when you owe additional tax money due to not having enough withheld during the year.
I would suggest filling out tax returns for yourself as married filing separate for the last 4 years and see where you stand. If you owe no additional taxes, then by all means simply go ahead and file those returns and don't worry about your husband's tax reporting. If he does not file his own return, the IRS cannot come after you if you have filed on your own.
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Thank you JA Customer