Tax law and filing jointly. Spouse conniving and owes big?

Question

Help my mom is married to a man that always tries to get her to pay the bill. He sold stocks and owes the $18,000 estimated and maybe more. She is told if she files jointly with him he will only owe $8,000. She has suffered enough debt from this man and I told her to see a tax attorney. Her signing jointly is like cosigning for a loan and he is not responsible enough to trust to pay it himself. What are my mom's options. She would get back $44 if files seperate. Legal or knowledgable replys only

Answer 1

The only way that filing jointly would take his tax bill from $18K down to $8K is if your mom has a huge refund coming, and he's counting on that for the difference, or if she has very large capital losses that would offset his capital gains.

You're right, if he's playing games with his return and she signs a joint return with him, she's equally liable for his taxes. Under the circumstances, she'd probably be ahead to file as married filing separately.

It sounds like she's got bigger problems that his tax bill.

Answer 2

file separately or she may file an INNOCENT SPOUSE form with the original return. that puts the irs on notice that she does not have sufficient knowledgeable information to ascertain all information as true and complete and also protects her should there be a outstanding tax liability for that year. if she chooses to file jointly you should not allow her to file without that innocent spouse attachment or otherwise they may go after either taxpayer irregardless of who, what, when it comes to collect that past tax debt.

Answer 3

in case you record at a similar time, any returned taxes owed would be withheld from a modern refund. that's authentic in spite of if the unique return became into for under between the spouses. with a view to circumvent this, record an Injured substantial different sort (8379) with your return. (you could publish it later, yet this manner saves some time.) it truly is a complicated sort, so finished it very heavily. yet in any different case to circumvent having your component to the refund seized is to record separate returns. this could often finally end up costing you extra funds, so evaluate it heavily previously you do it. despite the fact that, there are situations the place it truly is acceptable in spite of if it does effect in extra tax. case in point, in case you have reason to have faith that your substantial different isn't which contain all his/her earnings, or is inflating his/her deductions. once you sign the return, you're signing below effects of perjury that it truly is authentic. this suggests which you're in charge for the accuracy of each and every thing interior the return! finally, you could constantly record separate returns and then amend them to record at a similar time. despite the fact that, you could no longer amend a joint return to record one after the different.

Answer 4

Absolutely file separately. If she files joint, the IRS will come for everything she owns if the bill is not paid. You are smart for noticing this too.