Hi- Under severely BAD advice when I was younger, I went ahead and claimed exempt. I then thought that I would not need to file, so I didn't for a while. Then I realized that I WAS supposed to have been filing all along and I got scared, and still didn't file. (Dumb, I know). Anyway, I got married last year and had a baby, so I didn't even have a job in 2006, and only half of 2005. My question is this: if my husband files a joint return, will they catch me and take away his refund or penalize HIM in any way? All of this happened before we were married. Thanks a lot and have a great day!
2007-03-07 04:02:29 · 13 answers · asked by kendalandsam 3 in Business & Finance ➔ Taxes ➔ United States
YOU GUYS!!! The question is not whether or not I should file- I KNOW I should have been filing all this time!! The question I have is whether my status with the IRS will affect my husband's refund this year or not =) Thanks!
2007-03-07 04:13:41 · update #1
He would not be responsible for you not filing your returns, but if there is a balance that you owed on a previous year they can and would keep any balance that you owed from a joint return..
You can file those missing years, you can access the forms you need from the IRS website.
If you need the income information for the missing years you can call the IRS @ 1-800-829-1040 and request transcripts of the information. If you are entitled to a refund you have 3 years from the due date of the return to file and claim those refunds.
I would file the missing returns, to clear up any issues, rather than waiting for the IRS to find the omission, where interest and penalties could be accrued , or before you lose any refund that you might be entitled to
http://www.irs.gov/formspubs/article/0,,id=98339,00.html
2007-03-07 06:06:30 · answer #1 · answered by Anonymous · 2⤊ 0⤋
That's a hard question to answer. If the IRS hasn't notified you yet that you owe them anything, then it's very unlikely that they'd take anything from a refund even on a joint return. If they've already notified you that you owe them, then if you file a joint return, they might take the refund. Your husband can file a form 8379, injured spouse, to keep this from happening. The return should be mailed, and the 8379 should be attached to the return.
2007-03-07 05:37:46 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
First file separately.
Then you can prepare your returns for maybe 4-5 years back to see how much you owe. If you can not pay it, send in an instalment agreement with it. You should also send in a statement of your net worth and yearly income and living expenses.
Another possibility is this. If you owe so much that there is no way that you can pay it back it 3 years you can make an "Offer in Compromise" to the IRS. They will want you to borrow all you can or sell any houses or assets to pay your debt. But if you can't then they may accept your offer and write off any unpayable balances.
You will probably need a CPA to do this properly.
I don't think you need to hire a lawyer if you haven't committed fraud or other crimes.
I am an IRS agent and have dealt with this issue and with non-filiers in the past. If you haven't committed a felony or fraud we usually work with non-filiers in this situation.
2007-03-07 11:25:28 · answer #3 · answered by RAG 2 · 1⤊ 1⤋
you should file returns for the past years. file as single (assuming you were not married then.)
if you owe money on all those past returns, then pay it. the irs will probably just charge you some interest on those late payments.
if they owe you a refund, they will pay back to 2002 or 2003 only. this should "clear the record" for you and then you should file 2006 as married, either separate or joint.
i once worked for HR Block and prepared returns for a guy that hadn't file for 5 years. we file his returns, he got some refund and as far as i know he never heard another word from them, and he is in good standing.
2007-03-07 04:20:42 · answer #4 · answered by Ovrtaxed 4 · 2⤊ 0⤋
It really depends on what you earned. You are not required to file taxes if you earn less than a certain amount and no one claims you as a dependent. The minimum amount required to file taxes used to be about $2,000, but that was probably like 15 years ago, so I am sure that has increased. If in any of those years you earned a minimal amount, you were not required to file taxes.
However, if you were required... go ahead and file. You won't go to jail or anything, although you might have a big tax bill.
2007-03-07 04:14:05 · answer #5 · answered by Jack Chedeville 6 · 4⤊ 0⤋
You should file separately. If you file jointly, they penalize the joint return, not him as an individual. So regardless who made an error, both are responsible in a joint return. It is not uncommon to do. My sister files separately from her husband b/c he has tax issues & doesnt want it to affect everything.
2007-03-07 04:24:11 · answer #6 · answered by ricks 5 · 1⤊ 0⤋
The one thing I can recommend is contacting The Taxpayer Advocates. They are very helpful and that you are trying to make things right is a step in the right direction. The Taxpayer Advocacy is dedicated to helping taxpayers in bad situations. You must qualify for their help.
Call the Taxpayer Advocate Service Case Intake Line to see if you are eligible: 1-877-777-4778 or TTY/TTD: 1-800-829-4059.
Also, your husband can file with you and file an Injured Spouse Form to keep him from being held accountable for your debts.
2007-03-07 04:20:31 · answer #7 · answered by Wood Smoke ~ Free2Bme! 6 · 1⤊ 3⤋
this is not a cut and dry question. the moral answer is by all means go back and file for all the past years.
This may not be practical or possible though so I would talk with a good accountant who has dealt with such situations
2007-03-07 04:10:01 · answer #8 · answered by Daniel N 2 · 2⤊ 3⤋
Why don't you file separately? Just to be on the safe side!
2007-03-07 04:06:47 · answer #9 · answered by Anonymous · 1⤊ 5⤋
yes file -- if you get caught then the interest and penalties are piling up and you will have to pay any way
2007-03-07 04:09:04 · answer #10 · answered by golferwhoworks 7 · 2⤊ 4⤋