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TaxMomNJ
TaxMomNJ, Senior Tax Advisor
Category: Tax
Satisfied Customers: 245
Experience:  7 years experience with tax preparation company, over 500 hours of tax courses taken
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My husband just informed me that a mistake was made at his

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My husband just informed me that a mistake was made at his work and that they have not been taking out Federal Tax on his paychecks all year. We are already behind on taxes owed for a prior year that we are making payments on. Will the IRS work with us on yet another years back taxes? Can they take our house away for being so late? Is it better for me to separate my finances from his and keep our house in my name since this seems to be a problem that he has? I have been home schooling our special needs son and have had very little income myself.
Submitted: 3 years ago.
Category: Tax
Expert:  TaxMomNJ replied 3 years ago.

TaxMomNJ :

JACUSTOMER, did your husband tell you what kind of mistake was made at his job? Did he fill out his W-4 incorrectly or did the employer just not withhold? Also, did the employer withhold social security and medicare taxes?

Customer :

My husband sells time share for the Marriott - it is common practice amongst the sales people to change their tax status when they are expecting a bonus check to get more money and less taxes taken out, when he did this he then filed a reverse request for his status to go back to what it was before but the office person he handed the request sheet to did not file it - soo for most of 2010 federal tax was not taken out or very little. I did not know of this until this AM

TaxMomNJ :

How much do you owe (at this point) for 2006? How much do you think you will owe for 2010?

Customer :

we are still paying on about $22,000 for 2006, I would imagine we will owe at least $25,000 for this year

TaxMomNJ :

Are you current with your payments? Have you considered whether or not you may be eligible for an offer-in-compromise?

Customer :

have not thought about that - with this new information this AM it may be the way to go - how do we know if we qualify. 14 years ago when we got married I learned he was way behind with his taxes and he had to do that for a much higher amount

Customer :

you cannot do offer and comp for taxes you are already in a payment plan for right (like our 2006 taxes we are paying on)

TaxMomNJ :

You have to meet one of the requirements to file an OIC. 1. The tax is not correct. 2. There is no way you would ever be able to pay all the taxes. or 3. An exceptional circumstance applies to you.?

Customer: replied 3 years ago.
do we need to hire a lawyer to do this?
Expert:  TaxMomNJ replied 3 years ago.

No, you do have to make sure you meet the qualifications. If you are going to file as "unable to pay", you have to make sure you are truly unable to satisfy the requirements. There are some IRS pages that can assist you with OIC information, whether you qualify, and how you go about filing. I'll provide you with some links.

 

http://www.irs.gov/businesses/small/article/0,,id=104593,00.html

 

http://www.irs.gov/businesses/small/article/0,,id=179326,00.html

 

http://www.irs.gov/businesses/small/article/0,,id=180961,00.html

 

http://www.irs.gov/businesses/small/article/0,,id=180960,00.html

 

If you do not qualify for an OIC, you may be better to file a joint return. If you earned a very small amount of money, it may reduce what you owe to file joint. The IRS has a process for putting liens in effect. Part of the process is you disregarding your tax obligations. However, recurring years of unpaid taxes when due can result in several types of penalties which may tack on a lot more money to what you already owe. You should be very careful to avoid not paying taxes throughout the year from now on.

 

I hope this helps you. Please let me know if I can assist you further.

TaxMomNJ, Senior Tax Advisor
Category: Tax
Satisfied Customers: 245
Experience: 7 years experience with tax preparation company, over 500 hours of tax courses taken
TaxMomNJ and other Tax Specialists are ready to help you

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TaxMomNJ
TaxMomNJ
Tax Advisor
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7 years experience with tax preparation company, over 500 hours of tax courses taken