who would I talk to about getting it straightened out for him and will it affect my taxes now that we are married?
2006-12-15 05:48:35 · 14 answers · asked by MsBhavn 1 in Business & Finance ➔ Taxes ➔ United States
Get with a tax attorney NOW. An attorney helping you will help the case as you are instigating the deficiency to the IRS. They may waive fees and penalties for this, but don't count on it. You should not be effected by his past, but make sure you have ALL supporting paperwork to prove his past income and when you were married. Make sure he files taxes this year by filing "Married filing separately".
Talk to a lawyer as they are the professionals. Be ready to pay a large sum to correct this. Jail is rare unless they can prove serious malicious intent in the avoidance in paying taxes.
2006-12-15 06:02:07 · answer #1 · answered by Joe S 6 · 0⤊ 0⤋
The statute of limitations is 3 years from when you file the return or when it's due, which is LATER!
Since that person of yours has NOT filed a return in 10 years, the statute has NOT begun and the IRS can actually go back to the last year it was filed (in other words, those 10 years are open years for an audit).
It's probably best to do the following:
1. Get an accountant first then a lawyer but make sure it's a TAX attorney and tax accountant since they specialize in tax. The tax accountant can handle most, if not all, of the audit but any additional legal issues, main fraud, should be handled by the tax attorney.
I mention TAX accountant because NOT all accountants are in the tax field (i.e. corporate accountants or auditors). Same to Tax attorneys as some attorneys don't know a darn thing about taxes!
2. You could file Separate tax returns thereby limiting your tax exposure. This may or may Not work provided whether you knew anything about his past before you were married him.
Best to actually seek advice from a local tax accountant or tax attorney!
Good luck!
2006-12-16 15:39:27 · answer #2 · answered by MrMojo1 5 · 0⤊ 0⤋
I would file Married Filing Separate until you get things figured out. That way you will not be liable for his taxes.
If he had no tax liability and/or was due a refund during those years than he has nothing to worry about. Unfortunately, he will not be eligible to receive any of those refunds except for the last 3 years taxes.
Now, if he owed the government and the refunds are not greater than the total owed he will owe penalties and interest on the years he did not pay. This can get expensive.
If the IRS has not been contacting him with regards to his taxes then it is possible that he has had enough withheld during those years to satisfy his tax liability.
If he does not have the necessary information to complete his taxes he should start by contacting the IRS to get transcripts of what was reported to the IRS by Employers..Mortgage Co. .. Banks etc for those years. It will be a place to start .. an Enrolled Agent would be another place to get good information - H&R Block employs them. As long as you are trying to take care of it and he had been paying Federal Income Tax he should not have any problems except expenses.
Good Luck.
2006-12-15 07:34:55 · answer #3 · answered by T D 2 · 0⤊ 0⤋
The IRS has 10 years to collect on outstanding taxes you have not filed. If you filed they have 3 years to audit your previous returns. It will obviously affect your taxes if you file jointly.
2006-12-15 05:58:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I am an Enrolled Agent- first, reconstruct and file the last six years returns asap- a good representative can obtain copies of transcripts of the records the IRS has-this will help (the reason for the past six years- the Statute of Limitations for CRIMINAL cases tolls at six years)
Good luck--don't waste time doing this.
2006-12-15 07:25:48 · answer #5 · answered by besttaxexpert 2 · 0⤊ 0⤋
Get a lawyer who specializes in tax issues. You're going to need one! Failure to file income taxes can result in fines and penalties which can run into the tens of thousands (or more, depending on how much he owes). It's also a really easy way to land in prison.
Get a lawyer who can help you navigate this mess, because now that you are married, they can and will come after YOU also. They can and will garnish your wages, and if your taxes aren't filed correctly jointly, you can end up with penalties, fines, liens on your possessions and your home, and also end up in prison... There's a lot at stake.
You've set yourself up for a lot of heartache, marrying someone like this, but you CAN save yourself. It won't be easy, but it needs to be done and the longer you wait, the worse off you will be.
Good luck.
2006-12-15 05:58:40 · answer #6 · answered by mom2trinityj 4 · 0⤊ 1⤋
They can go back all the way to the first return that was not filed. In this case, 10 years.
See a professional now.
2006-12-15 05:57:38 · answer #7 · answered by Wayne Z 7 · 1⤊ 1⤋
The IRS can go all the way back. Talk to a tax service, such as H&R Block, and get an enrolled agent to help. You may need to enlist an attorney also.
2006-12-15 06:13:32 · answer #8 · answered by surfking39us 2 · 0⤊ 3⤋
Get an Enrolled Agent or tax attorney NOW. It will definately impact you.
2006-12-15 05:50:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋
just filed married filing separate until you find out what's going on.
it really depends of his status (if he owe taxes is very likekly that he will also have to pay penalties)
if he does not owe taxes he is not in trouble
2006-12-15 06:00:57 · answer #10 · answered by J.C. 4 · 1⤊ 0⤋