Have a Tax Question? Ask a Tax Expert
My ex husband and I got divorced in 2011 and he filed an extension for 2010 taxes jointly because he was "trying to find more deductions" aka trying to hide income to get out of paying more taxes. This makes me very nervous that my name is XXXXX XXXXX return and I know what he is up to. This is fraud and I have found out he does this every year and I didn't know it. I have been after him for months to file and I keep getting the same response that he's looking for more deductions. It's now Sept. 2013. They took my entire tax refund from this past year because he owed tax that I didn't know about from 2008 and 2009. My tax gets taken out of my paycheck and I pay my taxes every year. He is self employed and never pays in during the year. Why do I get penalized for that and they take my refund. I paid my taxes! He gets away with this every year. I was told that I had to wait for him to file since we filed an extension jointly. I want to just file separately but I was told that I can't change my filing status. Am I at his mercy to get this taken care of? Do I have to file with him if I feel he's up to fraud? Why should I be responsible for taxes I didn't even know about? I pay taxes out of my paycheck and have worked at the same place for nine years. I feel like I should report him for fraud and his dad's company that helps him hide income, even during our divorce so he got out of being ordered to pay child support. What can I do to stop this? They will take my refunds every year until his taxes are paid that he has not paid from when we were married right? Can I qualify for innocent spouse or other to get him to pay his taxes?
Thank you for using justanswer
You do NOT have to file jointly with your husband, even if your extension form 4868 said you would
Right at the VERY top of page 3 (link provided)
If you and your spouse jointly file Form 4868 but later file
separate returns for 2012, you can enter the total amount paid with
Form 4868 on either of your separate returns. Or you and you
spouse can divide the payment in any agreed amounts. Be sure
each separate return has the social security numbers (SSNs) of both
Further, you should have been told that there is something called "innocent spouse relief" (see link)
Since you suspect that your husband is not being honest on his tax returns, I would first file for innocent spouse relief
You should also have been made aware that the IRS also has "Injured Spouse Form" (8379) that should have been mailed to you every year since your tax withholding was paying for your husband's taxes.
He hasn't even filed the 2010 tax return yet. He has only filed extensions. So you are saying I should file for innocent spouse relief for 2010 even though the return is not filed and then file a married filing separate return for 2010? Can I file for innocent spouse relief to get my refund back that they withheld from me from 2008, 2009? He lied to me during the divorce and told me these years had been paid and taken care of.
If you file Married filing separate, you don't need innocent spouse relief as you will only be filing on your income
You only file once for each year
if 2010 has not been filed...........then you file married filing separately period
Am I going to get penalized for his failure to file like he has promised for months now?
No.........because you normally get refunds, (or would, if you weren't paying his SE tax every year)
Even if you DO get a fine.............that would be much preferable to being party of a fraudulent return
That is true! What about the 2008 and 2009 taxes? They took my $865.00 refund for those taxes that he said had been paid for. Can I file to get that back?
Plus there's probably fraud on those too that I don't know about. The previous years before that going back to 2004 as well.
Technically, those are closed years, however, at this point you have NOTHING to lose by asking for the innocent spouse relief......you're going to have to call(NNN) NNN-NNNN and wait online to get a live person
I have sometimes called numerous times to get someone that will work with me
I think 2008 & 2009 is a long shot at best, XXXXX XXXXX I said, you have nothing to lose
I would file my back taxes married filing separately immediately
That way if your ex tries to file using your SS# XXXXX will get stopped
I am still a little confused. If I file married filing separately for 2010, I am not responsible then for the taxes he owes, just for what I made out of my paycheck?
that is why you file separate....you report your earnings/withholdings, he reports his
So I could have done that for years and not been responsible for his taxes?
Wow, I've been told differently
I'm truly sorry that was the case though
I'm not an ex spouse basher..........I still fill out my ex's taxes
I thought since we were married I was equally responsible for his taxes. My refund always went to paying his taxes
but I REALLY hate it when one uses the fear of the IRS to further their own gain
AZ is not a community property state is it?
Yes it is
hold on a second , ok?
if you file a Married Separate income tax return in most states, you would report only your own income, deductions, exemptions, and credits on your separate tax return. But, if you live in a community property state, this means you and your spouse must each report half of your combined community income and deductions, in addition to your separate income and deductions. The way you figure these amounts is affected by the community property rules of your state. In effect, federal income tax law defers to state law property rules for tax reporting purposes.
so yes, you need to know how much he made
also, although you can change from married filing separate to married filing joint, but not the other way
I live in MI, a non community property state
However, you still have some options
Ok so I am back to square one
Generally, community income is all income from community property (also determined under state law), as well as salaries, wages, and other pay for the services of either or both spouses during their marriage. But, income from a spouse's separate property (as determined under applicable state law) is the separate income of that spouse. For those of you who live in Idaho, Louisiana, Texas, and Wisconsin, you should be aware that income from most separate property is treated as community income in your state.
You would need an attorney or someone that could tell you if his business income is his separate property
by AZ rules
If I knew, I would tell you..........but I STRONGLY suggest that you look into that aspect
He's getting ready to file this because I finally got mad and demanded that this be taken care of. Then he told me that "we" owe $6,000 and "we" are going to have to make payments. From 2010. My husband of nine months recently passed July 1st. Still owe on funeral. Should I try to file for innocent spouse?
I'm at a loss
Honey, you've had a really rough year, & I'm truly sorry that you have to deal with this in the middle of your grief
Tell him you want a copy of the return FIRST
Don't sign anything
I don't want to, it's fraud
Once you get a copy, take that copy to an Enrolled Agent, CPA, or other tax pro familiar with married filing separate laws
Have them change the return from Joint to Separate
then go after innocent spouse relief
You can't stop his fraud at this point
I didn't think I could change it from joint to separate.
if its not been filed you can
that's why I said to get a copy FIRST and DON'T sign it
ok so it doesn't matter that the extension was filed jointly correct?
ok I will do that!
Try to find an attorney that has a sliding scale or something
Should I go to like HR block or someone else
Here's my honest opinion
I've worked for Block for 27 years, but there are people there I would NEVER recommend
I would start calling every tax place...............I think you'll be able to tell over the phone who is willing (and has the knowledge) to help you
I also think you need an attorney if for no other reason than he
he HAS been filing fraudulent returns AND not told you your options
You can put this conversation in "bookmarks" and you can come back as often as you need to at no further charge
however, I have limited knowledge of community property states.............but I do know someone in CA that knows, because they are a community property state also
You now have an an ally
Should I call them
The person in CA that you know
we're not allowed to give access out of this forum
so it would be you asking me..........me asking him...........me getting back with you
slow process I know
because he's not an expert here
start by getting your returns filed separately
Don't mention anything to your ex until you're done and they're in the mail
Then you start calling the IRS
He may still try to file joint, but it will be caught
Should I tell them everything? They scare me
That's why I hate it when people make the IRS scary..............yes, I know they have alot of power
But by and large, the people who work there are just like you and me
Although at this point he is trying to screw me over even though my husband just passed to get out of paying so.....
they need a job........and most of them have lived some of these scenarios in their life
when were you officially divorced?
Sept. 7th 2011
and you remarried when?
so the last year he can even TRY to file jointly is 2011
I already filed that because we split up Jan. 2011
good for you
It's nice to be able to file my taxes on time and not have to file extension after extension
yes..........I'll go along with that
you will often find us pros filing ours on April 15
Ok, so he is giving me the copy on Thursday, so I should start calling the IRS first right?
No...........you start calling tax pros.............you need that to be married filing separately
You don't want to deal with the IRS until this first step is finished
So I am trying to find out if his business income is separate correct?
that would be a HUGE plus
remember, you can come back here to this thread any time you need to
Ok, thank you. I feel like there will be more bad news but I will try that
I can come back to get more help?
You may as well know this is going to be a marathon.....not a sprint
you type more in this thread, and it will show on my page
that's a relief! thank you
You're most welcome
You can rate/pay and still come back
great, thank you so much!
You're welcome...........Please keep in touch.....(no charge for follow ups)
Hopefully I will get the answers and get this taken care of and come back with good news!
I'm for that!
take care of yourself, ok?
I will, thanks! You too!
I'm going to leave the forum now
you can bookmark this page, and come back to post it, even after you rate my answer and pay for it
(it's after midnight here.....but I think its only after 9 there)