My husband has not filed taxes in several year's or more ....He owes... Now what?
My husband basically made a huge mistake several times over of not filing his taxes and last October he got several letters stating that he owe's. I think one for 2003 2004 2005 2006 2007 and 2008 so, the past 6 years is actually what we are looking at... Where do we go from here? He knows the mistake he made and wants to fix it. He was claiming 1 and 0 I belive. Do we contact the IRS first? Or a tax lawyer? How does he go about getting all the past W2's? Does he need to file them if the IRS already did? What should we do? I don't think he ever realized how out of hand it has actually got. A good starting point is what we need so this can get fixed. Thank you!
Not divorcing my husband thank you.
- Anonymous1 decade agoFavorite Answer
It sounds like your husband has what are called "substitute for return" assessments. This basically is the IRS preparing a return for him and resolving all questions not in his favor. What he needs to do first if prepare and file correct original returns. If you were married, you can file jointly with him and reduce the hit. (You may also decide this isn't a good idea for you.) When he determines what he really owes, IRS can decide how to deal with it. He may be able to produce enough money to pay in full, may be able to make payments, may be able to pay nothing or may be able to come up with enough of a lump sum to settle the account for less than full payment. There is no way for anyone on this board to tell without a comprehensive evaluation of his overall situation.Source(s): I am an enrolled agent who specializes in representing taxpayers who owe a lot of back tax or have a large number of unfiled returns. Your big mess is my ordinary day at the office. If you want additional help you can email through my profile.
- 4 years ago
At this point it would be better to go to a professional tax preparer.(Not the one in the mall) They will ask you to sign a power of attorney so that they may discuss your matter with the IRS. This can be expedited with your husband through a fax machine and then mail the original into the tax pro. The IRS will send them a statement of earnings for each of the 3 or 4 years. From that, they can start to work on and file for each year seperately. It would still be better for you and your spouse to file jointly. If you did not file in 2003, you have already forfeited that refund. The IRS will only give a refund up to 3 years from the date of original due date. Be prepared, the the tax pro will probably want a retainer of $100-150 per year tax return upfront. You will also have to file state returns. If you don't think that you will owe anything, you'll be in good shape, no penalties or anything and you will get a windfall of a blessing. You can even have his half of the refund directly deposited into his account and have your half directly deposited into yours. But if you owe, then there will be penalties and interest that has accrued from April 15th the year that it was due. If it's a lot, then your tax professional can help you set up a payment plan with the IRS also. But you must be current on filing your tax returns before that an be arranged. So go ahead and get started. And don't feel bad, I see a LOT of clients every year that only file every few years. Just be patient and it will all work out.
- Chuckie OLv 71 decade ago
If you agree with the tax assessments, go ahead and contact the IRS and set up a payment plan. But, if you were married to him any of those years, you might reduce your collective tax debt if you file married filing joint, the downside is it would become your debt too.
Depending on his financial situation, the resolution with the IRS is either an installment agreement (like a payment plan), and Offer in Compromise, or having them declare the taxes currently not collectible, due to hardship. You would need to give the IRS person a financial statement, usually on a Form 433-A or similar (except, if your husband owes less than $25,000, he can get an installment agreement without one).
You could contact a lawyer if you feel more comfortable, and one might help if you are eligible for an offer, but otherwise, a lawyer isn't going to get you a better deal than you could get by yourself. A local enrolled agent might be better, though.
- Anonymous1 decade ago
Dear T: It's not so bad we can't fix it. I would call around and interview tax pro's and get their take. If it were me I would schedule a meeting with you and respond to the latest IRS letter or call the specified number on the letter, it should reference a person by name. Tell the IRS you acknowledge the letter and are seeking professional advice ask for at least another 30 days. A couple of things come to mind OIC (offer in comprise) or installment agreement. Neither of these is for the do it your selfers. The offer in comprise is a very long and tedious form but may save you some money with some hardship as you maybe required to sell a lot of assets. The installment agreement will get the IRS off your back and let you go on with life. At least you are facing a tough situation and make up your mind to go through with this, its not a sweet process.
This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provided. Click on my profile to read more. Errol Quinn Enrolled Agent Master Tax Advisor
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- fishlakeguyLv 61 decade ago
lawyer first, either a tax attorney or a divorce lawyer, whichever is more prudent at this juncture. Hope you have the money to pay back taxes plus fees, otherwise it's jail for him for awhile