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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 6921
Experience:  15years with H & R Block. Divisional leader, Instructor
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My husband and I bought a small business six years ago. I had

Resolved Question:

My husband and I bought a small business six years ago. I had no experience as a business owner at that time and my naivete and blind trust in my husband, I now believe has come back to haunt me. We have always filed married jointly. We are in the process of divorce and the day before taxes are due I get a call from our accountant telling me my husband has decided to file married separatley. I ask if he can do that without discussing it with me and she tells me, " he is sole proprieter and always has been." So we file separate. Now I find out my husband has credited himself with 100% of the self employment wage and my wages for those years show 0 with SSI. As I was pouring over the tax returns last night I noticed the estimated tax payments on line 63 last year, when we filed jointly are 2500.00 and we are suppose to divide that amount. OK....can he legally, identify as sole proprietor, not pay me, file separate when I am co-owner, and keep the 2500.00? Do I have any recourse?
Submitted: 7 months ago.
Category: Tax
Expert:  Robin D. replied 7 months ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.

Robin D. :

As you live in a community property state the simplest rule for splitting the estimated tax payment is if a spouse paid estimated tax separately, then that spouse will claim the estimated tax on his or her separate return. By paid separately I mean that on the 1040-ES estimated tax voucher, there's only one spouse's name and Social Security number.

Robin D. :

If estimated taxes were paid jointly (both spouses names and Social Security numbers are listed on the payment voucher), then the married couple can decide to allocate the estimates in any manner. You will have to arrive at a mutual agreement for how to allocate the tax payments so that your numbers will match up when the IRS processes your separate returns. If you cannot agree on a mutually acceptable method for dividing your estimated payments.

Robin D. :

total estimated tax payments x your separate tax liability / combined tax liabilities.


This formula basically allocates estimated payments based on a ratio of each spouse's separate tax liability to both spouses' combined tax liabilities.

Robin D. :

When a married couple have a business together it can be a joint venture.

Robin D. :

Each spouse should then file a Schedule C and attach both to the 1040 form.

Robin D. :

Then you would have also been allowed your portion of payments to SS also.

Robin D. :

At this point you would need to seek the assistance of your own tax professional. Do not use the one that you and your husband have been using in the past as their loyalty is not to just you.

Robin D. :

As you are filing separate you should have your own Schedule C with your return. If the estimated vouchers were sent with just his name then have your attorney push for him reimbursing you for that portion.

Robin D. :

My goal is to give you excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic request me again.


 

Customer:

It was an intentional sneak identifing as sole proprietor, he should have identified as partnership, and it is no secret this accounting firm has a, it would be proper to say something like conflict of interest instead of buddies with my husband. My husband is trying to convince me sole proprietor means us, as in singular, one "couple," he has no idea I am aware of line 63 or anything else for that matter. What can I do about my wages showing 0 for these last several years? I'm in my 60's, and this will make a ding in my SSI when it's time for me to collect, won't it?

Robin D. :

It could if you applied on your own. Don't forget you can apply under his number for SS so check on that option.

Robin D. :

Yes a conflict of interest is certainly what they have.

Customer:

We haven"t been married 10 years.

Robin D. :

Oh

Robin D. :

Sorry, I wish I could tell you that you could go back and amend those returns

Customer:

Guess I'll have to try

Robin D. :

Make sure you advise your attorney about this additional problem

Robin D. :

Maybe CA law has a provision under their statutes for community property

Customer:

and have my attorney address it, I would think it is illegal for my husband to deceive me, wouldn't it?

Robin D. :

That is a legal question I am not able to address unfortunately

Customer:

Thanks Robin!

Robin D. :

You are most welcome

Customer:

can I print this after I exit?

Robin D. :

Yes

Robin D. :

Hover over the share button

Robin D. :

It shoudl say print for an option

Robin D. :

should

Robin D. :

sorry

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 6921
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 3 other Tax Specialists are ready to help you
Expert:  Robin D. replied 7 months ago.
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