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staceyjim | Tax liability for housewife with no income? |
My friend was married from 2000 to 2005, was a housewife, and did not have any income. Her husband worked, but did not file any returns for those years. My friend divorced in 2005 and had income in 2006 and 2007. She just filed returns for both these years. Will the fact that she hasn't filed since 2000 hold up her refund? Can she be held responsible for any part of her ex husbands tax avoidance? Should she file zero returns for those years filing separately? Is the Innocent Spouse form appropriate to fill out to protect herself?
Additional Details
She is in the state of Georgia. |
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ninasgramma
 |
Will the fact that she hasn't filed since 2000 hold up her refund?
No. The IRS may not even know she was married during this time.
Can she be held responsible for any part of her ex husbands tax avoidance?
No. Do not agree to file any back year's tax returns with the ex-spouse to help him out.
Should she file zero returns for those years filing separately?
No. No constructive purpose would be served by this.
Is the Innocent Spouse form appropriate to fill out to protect herself?
No. This would apply if she had filed joint returns.
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Judy1
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As long as she didn't file a joint return for those years, she should be ok, but if she lived in a community property state she could have a problem. Unless she was in a cp state, there's no need to file an innocent spouse form. And if she was in a cp state, that wouldn't be filed unless and until the IRS came after her for the back taxes. |
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chatsplas
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Since she was divorced in 2005, she could file as Single, returns for 2005, 2006, 2007. She should have no liability for Ex's taxes in those years. If she had no income, she was not obligated to file, even though hubby was. Her return may be examined and her refund held up due to lack of filing for those other years and her late filing for subsequent years. |
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travelguruette
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She cannot file innocent spouse. She KNEW that he did not file taxes. If he still hasnt she can file mfs for those years to protect herself. If he gets caught and it is a community property state she is on the hook for half. |
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Charles G
 |
Taking question in order.
Will past not filing hold up income? No, only if they assessed taxes against her, and if IRS did, she should know.
If her husband didn't file and was the sole income producer, the IRS will assess the income against him, if they do substitute returns. The IRS does not, and doesn't have authority to do, substitute joint returns.
Should she file zero returns? Only if it makes her feel better.
Innocent spouse form is not appropriate, because she will not be assessed. Only of a joint return was filed would it be appropriate.
Edit:
Georgia is not a community property state.
The community property states are
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington State, Wisconsin. Wisconsin is a bit unusual of the group. |
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v b
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What state was she in? If she lived in a community property state, she was legally entitled to half of the income (and half of the tax liabilty).
Until there is a tax liability, innocent spouse won't apply. |
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wartz
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The lack of returns for earlier years will not hold up her refunds. Based on your narrative it is impossible to state what she may owe or not owe for previous years because of community property laws. |
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bud68
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It is too late for her to file 2000-2005 returns.
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