what form can I file to protect myself from my husbannd not filing taxes on time. he is a small business owner

Question

my husband owns his own business and is up to his ears and past with all kinds of debts, including taxes. I heard there is a form I (his wife) can file that says I have no control or knowledge of how he is conducting his business. Any advise would be greatly appreciated. Time is important. thank you.

Answer 1

Do not sign his return.
Download this form and fill it out http://www.irs.gov/pub/irs-pdf/f8857.pdf
File your own return as Married Filing Seperately and mail it in asap

Answer 2

It's called the Innocent Spouse provision of the tax code, but you only file it after the irs goes after you for some money he didn't pay. Rules are:

Q7. What are the rules for Innocent Spouse Relief?
A7. To qualify for innocent spouse relief, you must meet all of the following conditions:

You must have filed a joint return which has an understatement of tax;
The understatement of tax must be due to erroneous items of your spouse;
You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understatement of tax;
Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understatement of tax; and
You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998


Since this requires that you didn't know and had no way of knowing that there was a problem, you'd have a hard time establishing that from what you're posted.

Before the fact, your only real recourse is to not file jointly with him (don't sign a joint tax return).

Answer 3

when you consider which you have desperate to incorporate you have 2 alternatives. in the experience that your small business qualifies as an S-Corp the finished earnings of the corporation are handed immediately by to the stockholders and there at the instant are no company earnings. thus you may report a company tax return (counsel in basic terms) and on your individual 1040 practice the earnings from the corporation. in case you pick to not report as an S-Corp (or can not by way of having too many traders) your small business ought to report a company tax return and pay the taxes. Your reimbursement could encompass a earnings and dividends. Your earnings could be pronounced on a W-2 and any dividends on a 1099. desire this enables Jerry-the-bookkeeper

Answer 4

Yes, there is filing taxes separated from the husband and informing that you have no control or knowledge of how he is conducting his business.
Fill the 1040 Form and follow the direction to be clear about separating tax file not joint file with your husband.

Answer 5

You need a legal separation to keep him from making you liable.

See an attorney or go to a woman's help center and they may be able to help you for free.