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What form can I file to protect myself from my husbannd not filing taxes on time. he is a small business owner |
my husband owns his own business and is up to his ears and past with all kinds of debts, including taxes. I heard there is a form I (his wife) can file that says I have no control or knowledge of how he is conducting his business. Any advise would be greatly appreciated. Time is important. thank you. Do not sign his return. Download this form and fill it out http://www.irs.gov/pub/irs-pdf/f8857.pdf... File your own return as Married Filing Seperately and mail it in asap Yes, there is filing taxes separated from the husband and informing that you have no control or knowledge of how he is conducting his business. Fill the 1040 Form and follow the direction to be clear about separating tax file not joint file with your husband. It's called the Innocent Spouse provision of the tax code, but you only file it after the irs goes after you for some money he didn't pay. Rules are: Q7. What are the rules for Innocent Spouse Relief? A7. To qualify for innocent spouse relief, you must meet all of the following conditions: You must have filed a joint return which has an understatement of tax; The understatement of tax must be due to erroneous items of your spouse; You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understatement of tax; Taking into account all of the facts and circumstances, it would be unfair to hold you liable for the understatement of tax; and You must request relief within 2 years after the date on which the IRS first began collection activity against you after July 22, 1998 Since this requires that you didn't know and had no way of knowing that there was a problem, you'd have a hard time establishing that from what you're posted. Before the fact, your only real recourse is to not file jointly with him (don't sign a joint tax return). see this link for more info on innocent spouse filing http://www.irs.gov/individuals/article/0... You need a legal separation to keep him from making you liable. See an attorney or go to a woman's help center and they may be able to help you for free. |
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