Discussion:Taxes amendment due to divorce

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Discussion Forum Index --> Tax Questions --> Taxes amendment due to divorce

Bobafet4ever (talk|edits) said:

4 October 2006
Ok, here's the story in a nutshell.

In 2004, my wife an I filed our taxes - married jointly. I had them done at a tax service. The IRS sent me a notice that I owe them money on our 2004 taxes. Apparently, she didn't give me all of her W2s. I only filed mine with one of hers (I guess she had a few jobs in the first few months of that year that we weren't together in. We got like $3000 back. Now they want some $2000 in back tax + interest from her taxes. Can I go back to and amend the taxes and refile married separate, so that they stop coming after me and go after her since they were her W-2s, and it's her deal. They are coming after me since I'm the one who filed them (I guess). Thanks for any help.

JR1 (talk|edits) said:

October 4, 2006
You can't switch from joint to separate. Make sure that they're accounting for the withholding on the W2's tho'. They are probably coming after both of you...you may need to call the attorney and see what your agreement would say about this. Prepare for bad news.

Beengel (talk|edits) said:

October 4, 2006
You likely are listed first on the return, so are getting the letter. But since it is a joint return, both are responsible, and she may be getting a ntoice too.

Also, keep in mind that if you file a state income tax return, that will likely need to be amended as well.

Taxnfp (talk|edits) said:

4 October 2006
You cannot change from a joint return to seperate returns after the due date for filing the return has passed. File Form 8857,Innocent Spouse Relief and this will get you off the hook for your for your spouses share.

But if you are still married that may not be a good idea. Go back to the tax service and have them recalculate the tax return to verify the IRS figures. If you cannot pay it all at once, IRS will accept a payment plan if ou can pay it over two years.

JR1 (talk|edits) said:

October 4, 2006
I don't think Innocent necessarily applies, assuming they were married then and sharing money. If you weren't sharing money, then indeed do that. You must have 1. Not known about the income or be expected to and 2. Not have benefited from that income. If those apply, send her down the river.

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