Is it illegal to file taxes as joint, and forge the other persons name on the return and send it in No refund?

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Is it illegal to file taxes as joint, and forge the other persons name on the return and send it in No refund?

Were divorced in May. He had to pay a lot in taxes filing single, so let him file joint to give him a break. I never signed the return, even though he still had to pay in but, less. Is that illegal, if he forged my name

PepsiLime

Yes, it is illegal, and also filing as joint as well, since you were divorced in May. Your filing status is determined by your marital status at year end. What he has done is commit tax fraud, and you are a party to it by letting him do it, even though you knew he was doing it.

SG Elite

Its illegal to forge one's signature. Filing false claims can land one in jaill

skip

Which May were you divorced? 2006 or 2007? If it was 2007 the only issue is your forged signature. If you are content to let that be, I doubt if either of you has a problem in practice.

However, if you were divorced in May 2006 he, and perhaps you, has problems. Filing status is determined as at December 31st. So you can get married on that day and be treated as married all year. The flip side is that when you get divorced you are treated as single all year.

So at least one of you is risking a prison sentence. If you handed your tax information (W-2's and the like) in the knowledge that he was going to prepare a false return (and if the prosecution can prove it) you may go to prison for tax fraud. If the return gets pulled by the IRS, he will certainly be in trouble. At worst (very worst, I must say) it is 20 years in federal prison (no parole) and a $250,000 fine. In reality, he (and maybe you) might be looking at anything up to five years and fines in the thousands.

Frankly, what's done is done. If my scenario is correct (ie you were divorced in 2006) there is not a lot you can do without saying "slap on the silver bracelets." However, you can do something for the future. Please do not ever do this again, no matter how much you want to help someone. Tax fraud is a very serious matter. It isn't worth the time and the fine.

bostonianinmo

Yes, it is absolutely illegal! You are now liable if he did anything nefarious on the return. However if he e-filed the return it may be impossible for anyone to prove that it was done improperly.

Assuming that you divorced in May of 2007, you could still have filed a joint return for 2006 as you were still married on Dec 31, 2006. On the other hand, if you divorced in May of 2006, you've filed a fraudulent return and that can get very messy indeed.

You should get a copy of the return and review it carefully to make sure that it was properly filed. If it wasn't, you should demand that he amend the return and correct it.