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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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we have not filed our taxes in 4 years! i have not gotten anything

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we have not filed our taxes in 4 years! i have not gotten anything in the mail, but i just found myy husbands mail and it has a "reminder: you owe past due taxes for 2006" notice. It was sent regular mail, not certified or anything. my husband has had a severe mid life crisis and is "checking out" of this life to start a new one with his new soul mate. I want to file for divorce, but he makes 3 times what I make ( ia m a teacher and only bring home about 25k a year) soI was stuck for a while (we ahve 3 young kids also). I should have enough in about a month to start the divorce proceedings. My fears are that I won't be able to file for divorce until our tax issues are over and that someone is going to jail if they find out we havent filed in that long. I cannot support our children if someone is in jail!!! I knew our taxes were late, but he said an accountant was handling it and we don't make enough ffor the irs to even care (in the past, we always got a very small return, we never owed). SHould I grab my individual financial info and try to file for myself as "married filing sepaprately" or should i grab our financial info and go file for both of us and force him to sign it somehow? I have only ever filed one tax return, as I met him right out of highschool and was claimed by my parents until then. WHAT SHOULD I DO, WHAT CAN I DO. HELP ASAP PLEASe

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



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