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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 577
Experience:  10 years experience
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I filed in October. Husband left the home in September.

Customer Question

I filed for divorce in October. Husband left the home in September. Husband filed for spousal support and won. I did my income taxes married filing jointly. I have been filing the taxes for the last 9 years electronically with no signature. This is the second year There was a return which was deposited into my account. No signature required. Did I break the law? Husband threatening to have me prosecuted for fraud. Do I need to amend my taxes and if so how? He has been and still is a dependent?
Submitted: 3 months ago.
Category: Tax
Expert:  emc011075 replied 3 months ago.

Hi. My name is ***** ***** I will be happy to help you.

Unfortunately your husband is correct. Even if no signature is required, you cannot file his taxes or joint return without his consent. Once filed jointly, you cannot amend it to file a separate return. If your husband insist on filing his own return, he can go ahead and file a separate return. You will be contacted by the IRS to verify the filing status. I would suggest to contact the IRS and try to explain that you didn't purposely tried to file a fraudulent tax return and you simply did what you always did before. You will need to refile your return as filing separate. But do not file anything until you talk to the IRS or get a letter from the IRS. If you file another return it will be automatically rejected.

Expert:  emc011075 replied 3 months ago.

Any questions?