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Ok, so my husband and I were married 3 years ago and our tax preparer has filed my husband as single and myself as head of household the last 3 years. Is this completely 1. unbeneficial to us? 2. Going to get us in trouble? 3. How do we fix this so we get the correct thing done?

I went to see the Jackson Hewitt man tonight and he said he did what he was told...not what was best for us and that if we filed an addenda we'd get audited and have to pay money (why that is I don't know, we've always reported all income and had taxes deducted through or employers?? WTF???!!!!! I thought it was better to file jointly? Or am I mistaken??

2007-03-19 15:07:53 · 6 answers · asked by IrishEyedGal 3 in Business & Finance Taxes United States

6 answers

The returns filed are incorrect and need to be fixed.

If your tax preparer has been filing fraudulent returns, knowing that you were married and living with your spouse, go to the tax preparation place and complain. If the manager will not straighten this out, complain to the corporate headquarters.

You may be in trouble if you were not qualified to file as head of household, and you received Earned Income Credit for children, with your spouse filing as unmarried. This is a common tax fraud.

There is no statue of limitations on this fraud, and the IRS can come back to you and your spouse for back taxes plus penalties and interest.

On the other hand, you may have missed out on refunds by filing incorrectly.

You can fix this by filing amended returns with the correct filing statuses. Insist that returns prepared incorrectly be amended for free by the paid preparer.

2007-03-20 03:18:43 · answer #1 · answered by ninasgramma 7 · 0 0

If you're married you can only file as "married filing joint" or "married filing separate." There is no option to file either as "single" or as "head of household". The fact that a tax preparer would be told to do this is very disturbing to me b/c it is totally fraudulent. Married filing jointly is usually the most beneficial way to file anyway.

You should amend your tax returns for the past 3 years as they are not correct. This may or may not raise a red flag with the IRS. Whoever your tax preparer was (Jackson Hewitt?) should be reported to the IRS for signing off on these fraudulent tax returns.

You can probably file your tax returns yourself using software like TurboTax. It is really user-friendly. If you dont feel comfortable doing this, make sure whoever files the amended returns files them correctly. Note that if you end up owing back taxes, you will most likely owe penalties and interest as well.

2007-03-19 19:57:29 · answer #2 · answered by tma 6 · 0 0

First off, it is quite unlikely that you will be audited for filing the wrong filing status for the last three years.

Either you file jointly or married filing separately.

It also sounds that if you are considered "head of household", you must be caring for either a child or a parent, in which you are providing more than one half of their support. What would be in your best interest is to file jointly, especially if you are caring for a child.

It is also quite possible that the method of filing may have to do with some past tax problems. Or some prior child support issues.

We need additional information to answer this question properly.

2007-03-20 08:24:17 · answer #3 · answered by bold4bs 4 · 0 0

I'm a state-certified tax preparer and I'm going to recommend something that is against my best interests: if the office that messed it up won't fix it, don't take it to another tax preperation service. Take it to a CPA.

As far as having the return checked and filing amended returns, the advice you've been given is fine. But when it comes to fixing someone else's mistakes, go to someone you trust or (since if you trusted someone you would have asked them and not us) go to someone who's got the training to know the ins and outs of the amendment and (if necessary) audit process.

Although (as in any profession) not all CPAs are good, CPAs are better trained and more tightly regulated than tax preparers. Ask around for a recommendation.

2007-03-21 04:34:46 · answer #4 · answered by dj 3 · 0 0

That is completely wrong information. I agree to gathering up all returns and having them looked at (your going to have to amend them) but NOT at H&R their a bunch of yeahoo's also. For best and honest advice go to your local Liberty Tax. You'll yeild better advice and better results and I'm not just saying that because I work for them:) Stantard deduction for Single or Married filing single is $5150, MFJ or Qualifing Widower is $10300 and Head of Household is $7550 that's a big difference.

2007-03-20 04:39:55 · answer #5 · answered by momzadork 3 · 0 1

HUH?????????

Unless there's something way out, married/Joint is the wayto go.
Get your returns in question together and go to another preparer. and have them take a look at it.

Maybe the guy at HJ did as he was told, but did he do what was right?


HR Block might be able to take a look at them, and may be able to do an amended return.

Good luck!

2007-03-19 19:26:04 · answer #6 · answered by TedEx 7 · 0 0

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