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My husband has worked under the table for several reasons…

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My husband has worked...

My husband has worked under the table for several reasons for many years. He would like to figure out how to move 'back onto the radar" How do we go about figuring out what to do?

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He would like to work legitimately. He has court fines, back child support, and a felony conviction.

Accountant's Assistant: Is there anything else the expert should be aware of?

He hasn't filed taxes in YEARS he has had little reportable income for many years

Submitted: 11 months ago.Category: Tax
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Customer reply replied 11 months ago
We are not legally married, which i would like to do, however i am concerned how all of this would affect me as well. He pays his child support in cash at the DSHS office. He doesn't have insurance and does not any kind of support from any state agency.
Answered in 10 minutes by:
8/5/2017
Tax Professional: emc011075, Tax adviser replied 11 months ago
emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3,864
Experience: IRS licensed Enrolled Agent and tax instructor
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Hi. My name is ***** ***** I will be happy to help you.

First he needs to start filing tax return. Unfortunately if he did not keep good records of his income and expenses it is not going to be easy. The burden of proving it will be on him. Working under the table is a choice and it has its consequences. Once he file all the unfilled return than he can start dealing with the IRS, applying for installment agreement and such.

Regarding the marriage, his pre marriage debt will not affect you directly but if you file a joint return and he owes taxes the IRS will take ALL the refund. There some options, like filing a special form (injured spouse request) and hopping that the IRS will refund your your portion of the refund. Also, the IRS can put a lien on any jointly owned property as well. It would be a good idea to postpone the marriage until he gets his financial affairs under control.

What was the reason for him not to file his tax returns?

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Customer reply replied 11 months ago
he was working as a DJ in a strip club, and moved to Vegas at the time of 9/11. He got stuck there with no ID and was picked up for weed. He could not get home and had trouble getting work with no ID. He is also a man who procrastinates and is afraid of what will happen to him. he never made a lot and he didn't do the paperwork. Living free and hard. When he managed to get back home, he decided to leave the strippers and do something different, but he has a large back child support bill and support enforcement wanted more money than he would live on and he could only find a job for $10 under the table through a billiards friend. he has worked hard to change who he is and would like to be a "regular" person without having to look over his shoulder all the time. the house is in my name from my divorce, all the vehicles are in my name.
Customer reply replied 11 months ago
Thank you by the way.
Tax Professional: emc011075, Tax adviser replied 11 months ago

You do not get a job under the table, you choose to do it under the table. Anybody can report income, cash or check it does not make any difference. It is just a mindset of many people that cash payments are automatically considered under the table and cannot be legitimate income source. First he needs to start doing the right thing. It is not going to be easy or overnight change and the authorities will look over his shoulder for a while. I am not trying to discourage you but there's no quick fix for his situation.

You said he does not have an ID. Is he US citizen or resident?

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Customer reply replied 11 months ago
he is. He got a NV ID while there, which never expires. it is more than 20 years old. WA state does not want to give him a dr lic, which also limits your job opportunities, because of the back child support. He needs to have a bill which comes to the house, but not a support bill or court fees, in order to prove residence. He doesn't have the credit to be able to pay for the utilities, which is what the state wants. I know that working under the table is a choice. He was hiding. Hiding from court fines, from support enforcement, - he has 8 children ranging from the ages of 29 to 10. Most are now grown and we have legal visitation for the youngest and he is establishing relationships with older children. He has been lost most of his life.... He now is making more and doing better in his work and in who he feels he is. He has wanted to fix some of this before, but did not know how. I don't know how to help him.
Customer reply replied 11 months ago
We both know there is not going to be an easy fix, nor will it come quickly. But I don't even know where to start, him - even less of a clue. I am trying to find out what we need to do in order to start the process.
Tax Professional: emc011075, Tax adviser replied 11 months ago

He will need to rebuild his credit. You can co-sign his credit card and as long as he pays it on time for few month he will be able to apply for one on his own. To get his WA ID he can use the current employer paystub (with his current address) and car insurance card (with the current address). He can also file 2016 tax return and use the transcript to prove his residency.

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Customer reply replied 11 months ago
he doesn't have any pay stubs. his car insurance is in my name. he is covered if he drives my vehicles, but it does not show him as a certified driver because he doesn't have a dr. lic. How does he verify income if he has nothing to show? How do I find out the last time he filed taxes and how far back will they charge him penalties if he starts filing now?
Tax Professional: emc011075, Tax adviser replied 11 months ago

So he never got a driver's license? You an add him as a driver as long as he has a driver's license from any state.

As long as he is not claiming any income based credits he does not need to verify income. That's the IRS job. He can also deduct reasonable expenses, even without receipts. The IRS may challenge it but it is a start. The penalties are charged from balance he owes. If the IRS does not have any records of his income or he does not file a tax return, there's no balance due a no penalties. He needs to find an experienced tax professional to file what is missing. If he files a return and he owes than there will be penalties.

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Customer reply replied 11 months ago
Progressive will cover him on my insurance, as long as the reason he doesn't have a license is based on support enforcement and not for traffic issues. So he is covered because he lives in the house. WA support enforcement won't give him his dr lic because they can't verify his income and garnish it. They want him to sign a statement allowing them to charge him for support which is beyond the statutes of limitations. If he would agree to this, they might consider giving it back to him. All this time, he works outdoors so it is difficult for him to take the time off to try and get to all of these agencies to try and get them to help him out. I can see his frustration, which is why I am trying to find a way I can help him.
Tax Professional: emc011075, Tax adviser replied 11 months ago

Getting an ID should be his priority. He needs an ID almost for everything, including bank account or getting a job. He cannot start over without a some type of ID and there's only so much you can do for him. The choice is his. It seems like you already know what needs to be done, he just need to do it.

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