# Filing Joint tax returns-need advice



## ProfJ (Jul 28, 2011)

So...my husband told me that he's going to file divorce this month.
But then received a text asking me if we should file joint tax returns this year.
I'm employed, I pay taxes every pay. He is self employed and doesn't pay taxes until tax season.
What is the better course of action? Please help...


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## 827Aug (Apr 27, 2008)

I would be nervous filing a joint return with someone who waits until the year end to pay his taxes. When I was a self employed person, I had to pay an estimated tax quarterly. You really need to check with a CPA about this matter. You definitely don't want to be responsible for your husband's taxes.


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## paperclip (Feb 24, 2011)

If you haven't filed for divorce yet and you were married on 12/31/11. You are still liable for your husbands taxes based on the plan year 2011.


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## ProfJ (Jul 28, 2011)

paperclip said:


> If you haven't filed for divorce yet and you were married on 12/31/11. You are still liable for your husbands taxes based on the plan year 2011.


Would I still be liable if I file married filing separately for my 2011 taxes? We have been separated since Feb 2011.


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## ProfJ (Jul 28, 2011)

827Aug said:


> I would be nervous filing a joint return with someone who waits until the year end to pay his taxes. When I was a self employed person, I had to pay an estimated tax quarterly. You really need to check with a CPA about this matter. You definitely don't want to be responsible for your husband's taxes.


That's what I thought so too. Last year, our accountant did an estimate on my taxes had i filed separately. I could have gotten a refund but I thought the marriage could still be saved so I agreed to file jointly even though we're already separated. My refund paid for his unpaid taxes plus he gets lower taxes if we file jointly.
My stbxh wants to take advantage and squeeze every bit of favor from me, is what I'm thinking.


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## Homemaker_Numero_Uno (Jan 18, 2011)

ProfJ said:


> So...my husband told me that he's going to file divorce this month.
> But then received a text asking me if we should file joint tax returns this year.
> I'm employed, I pay taxes every pay. He is self employed and doesn't pay taxes until tax season.
> What is the better course of action? Please help...


My accountant told me if you have not been living with someone for 6 months that is considered to be head of household or if you have no kids then single. Turbo Tax doesn't have this information in their logic of their computer-assisted filing, but if you look at 'separated' in the tax rules (irs.gov) the rules are different than what's just out there in the bold print.

If in doubt, it would be better to consult an accountant, someone who is certified as 'EA' (enrolled agent...irs certification) is better, sounds like you already had enough trouble.

I told my stbxh he can file on his own. I am filing on my own. Sure there is a 'logic' to filing together and getting more money collectively, and splitting it but honestly, is he trustworthy and can you trust someone when the divorce has gone on for that long and there's a reason for divorce....

ALSO, IF THE JOINT RETURN IS DEEMED BY IRS TO BE FRAUDULENT IN ANY WAY OR AUDITED (because he is self-employed...) THEN YOU WILL BE HELD LIABLE FOR THAT BECAUSE YOUR NAME IS ON THE RETURN AND YOU SIGNED. There's all kinds of problems you have to do to get innocent spouse relief...and special form for domestic abuse...in the end being 'right' will expose you to more liability in terms of dollars, what's the point? IF IT WERE ME I WOULD LOOK FURTHER THAN THE IMMEDIATE NUMBERS AND SERIOUSLY EVALUATE THE LOGIC OF LONG-TERM RISK. I don't want my name on a return with my H. My SIGNATURE is very important to me. It matters to me that I have a separate return because my values and ethics are vastly different than my H's. It's not a money issue at all.

The information from the other posters isn't correct.
Just because you are married doesn't mean you have to file married. If someone is self-employed there are specific situations where they don't have to pay quarterly estimated taxes, although it's advised to do so because you can never get away with Medicare tax...except he is probably counting on the taxes you paid to cover that. My guess is you overpay and he does not pay... BUT BECAUSE HE WILL OWE AND HE KNEW HE WAS SEPARATED AS OF FEB 2011, HE SHOULD HAVE PAID THE QUARTERLY TAXES. NOW HE WILL GET DINGED FOR UNDERPAYMENT AND WILL HAVE TO ADDITIONALLY MAKE HIS FIRST QUARTERLY PAYMENT WHEN HE PAYS HIS TAXES. If you think your stbxh is overly eager to file jointly, this is why. I personally don't think you should have to bail out someone who is trying to get you to pay his taxes. The term 'weasel' comes to mind, and that's an insult to the mammal.

The best course of action is to get an EA/accountant. One who is competent and knows the rules and to ask about above, including liability of putting your name and signature on a joint return...

I don't think I'd want to be sitting around waiting for a stbxh to be doing paperwork. It would just give him a reason to drag it out and ask for concessions in divorce...and then want more than his fair share of the return for whatever reason (he'll have to pay for health insurance when you divorce?) I just get a bad feeling about that. There is a certain freedom and finality in filing as head of household/single. You do qualify. So you can do this. I don't know what state you live in, but your state rules might be different. I live in NH so typically no income tax though there are times when you do have to pay...once I owed 12K capital gains, if I didn't have an accountant I never would have known...


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## kenn (Dec 20, 2011)

What about the deductions for interest and medical and insurance and whatever else. My wife is a realtor and does the same stuff every year. Doesn't file quarterly, waits til the end of the year, and we file jointly and of course have to pay (monthly terms of course) for the last two years. Then she blames me for not having enough money taken out of my paycheck. This year I plan on filing head of house hold, but single and take 10 months of all the interest on the house (since we separated in October) and prorate the insurance and taxes and whatever else. Plus the second mortgage is in my name only and I'll take that as well. Just my thought for now.


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## ProfJ (Jul 28, 2011)

Homemaker..I live in PA. 
You are right, the word weasel is an insult to the mammal.
This is how naive I am..ever since we got married, I never touched the filling of the taxes, I completely trusted him to do the right thing. We have been separated for almost a year, but for the 2010 tax year, I still allowed him to file jointly even though we were already separated by Feb 2011. I asked the person he is asking to prepare our taxes a copy of our 2010 joint tax return, and found out that he filed losses for his business, and basically says in the tax return that we lived on my income. He got a refund from the taxes that I paid, plus all the breaks that was given to us as a couple, and never told me about it.
I don't know if I will be allowed to file single here in PA if not divorced yet. I am meeting with an accountant soon, and a divorce lawyer before I sign anything.
I would like the divorce to be as painless as possible, but I'm worried that without signed agreement, he can still get his hands on my 401K and CDs.


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## CSeryllum (Jan 23, 2012)

Your lawyer will tell you what mine told me a few days ago when I asked him this question...

You will want to file jointly....you will not get much (if anything) and sometimes can even OWE if you file under married but separated.

If you both file differently, and things don't make sense, you WILL get audited...that is the last thing you want is the government involved in a matter of divorce and taxes...

SO....sit down with your stbx and discuss it, or bring in an accountant ultimately to help you with your taxes, but filing together will typically yield the greats return.


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## ProfJ (Jul 28, 2011)

So the saga of the tax continues...
I called my stbxh today, prayed before I did it to be calm and diplomatic.
I wanted him to know that I found out he got a refund and asked him why he did not inform me about it.
His answer...Well, you did live with me for 2010 tax year so I used your refund to pay for the taxes of the house.
So basically..this idiot charged me for still being married to him, while I was struggling first half of 2011, renting and living on my own without asking him for spousal support, because I didn't want to burden him.
But he gave his evil daughter a portion of the refund which he got because she put her in as a dependent.
Dear Lord...Please give this person exactly what he deserves.


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## CSeryllum (Jan 23, 2012)

wow...thats low...hope he gets whats coming to him!


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## EleGirl (Dec 3, 2011)

ProfJ said:


> So the saga of the tax continues...
> I called my stbxh today, prayed before I did it to be calm and diplomatic.
> I wanted him to know that I found out he got a refund and asked him why he did not inform me about it.
> His answer...Well, you did live with me for 2010 tax year so I used your refund to pay for the taxes of the house.
> ...


Did your stbxh forge your name on the tax refund?


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## janerogers (Feb 21, 2012)

Married people’s taxes are treated just a little differently by the Internal Revenue Service, as the couple is considered a unit. However, they have the option of filing separately or jointly, and both choices have specific advantages and disadvantages. To file individually or jointly, that is the question. The answer is that it depends, because there are drawbacks and advantages to each. Article resource: Newlyweds of 2011 have to weigh filing separately or jointly.


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