My ex got ahold of me this weekend and started out saying that he needed my ssn for the 2002 2003 tax year. We had been separated about nine months, and for whatever reason he did not file his taxes. (we have since divorced) First he told me that he needed my ssn just to prove we were married. Then he changed the story to that he owes 1500 dollars, but if I gave him my ssn, it would cut the bill to 500. Then he told me that if I didn’t comply, he would make me responsible for his tax bill ( I have no clue how that happened). He told me that he would just go through his old stuff and find my ssn, and file without my input. He would just sign my signiture. I know that is fraud. So I called the IRS, and they told me he is full of it. He cannot claim me, and that I do not have to file with him If I don’t want to.
Do you all think I should get a tax lawyer? I have a lawyer, but I am not sure if I should talk to someone who specializes in this. The IRS doesn’t seem concerned, but I am. I do not want to be tied to him or his back taxes. I could really use some opinions. Everyone I know says to ignore him, but I also don’t want to end up in a mess.
I am not a lawyer or a CPA. But my mom is a Tax Accountant, with 40+ years experience. And she’s had experience with this situation. So I called her and here’s her answer. Per DeVena’s Mom:
File your return now! Do electronic filing if at all possible. Use H&R Block if you have to, but do this as soon as you can. Even if you don’t have all your paperwork. File on your W-2s *today *and file an amended form later if you need to.
If you have not co-habitated for at least 6 months last year, he cannot claim you on his taxes. But that doesn’t mean he won’t try. To quote: Filing as soon as possible will “head him off at the pass”. (Tax returns for 2003 are to be filed by 4-15-2004. If you filed for 2002 you should be OK.)
Call your lawyer and document this. It will help later.
What DeVena said, in addition, write out a detailed account of the phone conversation you had with your ex and a detailed timeline of when you stopped living with him and when you filed your return last year. (I hope you filed!) Don’t embellish, just record each fact as you recall it as soon as possible, and file that away.
Were you separated at the end of 2002 or divorced?
You ex may be trying to file “married filing separately” for the year you were separated. Married filing separately does require you to include your spouse’s SSN and name on the return. It also probably is going to be more expensive for him to file that way which is why he wants your help.
Personally I would ignore him too. Save the tax attorney for when/if something actually happens.
I didn’t file taxes because I had no income. He dropped me off at my parents house and asked me for a divorce. That was in March of 2002. We did not get divorced til March of 2003. He wants me to give him my ssn so his tax bill will go down from 1500 owed to 500 owed. I thought spouses couldn’t be claimed as dependants.
Also I would add, that, He does not want to file separatley. He wants to force me into filing jointly. If he files separatley, he has to pay the large ammount.
Fact 1: You say he wants your ssn for his “2002 2003 taxes”.
It’s one or the other, not both. I’m not sure which, until you say…
Fact 2: He was delayed paying his taxes.
So, in my mind, that means we’re not talking about 2003 taxes, since they’re not delayed yet. (not due for another couple months actually). Therefore, I’m assuming you’re talking about 2002 taxes.
Fact 3: You say you were divorced in March of 2003.
All this adds up (in my mind) to you guys being married in the period he’s requesting.
So… as he’s the one who’s doing the tax paperwork that’s 50% your responsibility (not “his taxes”, as you wrote) and paying a bill that’s 50% yours, I would think you’d also want to minimize his efforts and expenditures.
Is it possible that he came asking for your ssn to do taxes, which is a reasonable thing to ask for, you refused, and then the fireworks started? Is it possible there’s more to this story? The fact that you tried to turn him in to the IRS only furthers my suspicion that there’s a lot of unnecessary bitterness about.
Or, I could be completely wrong, in which case I sincerely apologize.
If one is married as of 12/31, you have to file either as Married Filing Joint, Married Filing Separate, or Head of Household ( IF you were separated the last six months of the year). But you had no income, so MFJ or not filing at all are the only alternatives for you.
If you refuse to file Married Filing Joint (and you can), you are forcing him to file Married Filing Separate, the highest tax bracket. I am deducing that he doesn’t want to file MFS due to the fact that he will owe 1500, so he wants to file MFJ, greatly reducing the tax liability, for which he needs your SSN and your signature.
The issue is not one of your dependency, as you are right about a spouse never being a dependent, it is a matter of the filing staus.
Once the MFJ return is filed, you are responsible jointly and severly for the tax. IRS can go after both of you for the tax if it isn’t paid. You will be forced to prove to IRS your signature was forged and that you are “innocent” of owing the tax. But, it sounds like he just doesn’t want to pay 1500; but, will pay the 500. In that case, no problem for you. If he can produce a $500.00 plus tax and penalty cashiers check and both of you sign the return and he mails both in your presence, I might just go ahead and do it to avoid him hating you even more. You WERE married in 2002 and it appears he treated you very shabbily, but maybe this could be closure for you. He does sound like he has a screw loose, so I would want him out of my life. If he does file a fraudulent return you could be looking at several years of letters and visits from IRS and proving he committed fraud, if he doesn’t pay the tax and they want it from you.
As far as tax year 2003, you were divorced, so there is no issue unless he is completely bonkers and files joint with someone he was not married to. It might be good advice for you to file Single ASAP if you had any taxable income in 2003.
Is it half my responsibility for him not filing taxes? He dropped me off at my parents house, with nothing, and walked out of my life. He did not provide half of my support for that year, even though we were still married. I know either way we were still married.
Sorry Bill H about the confusion, I really do not know alot about taxes, I used 2002 2003 tax year because thats what he(the ex) used. When he first talked to me he said that he wanted my ssn because he had to have it. I would not give it to just him, because of another situation going on that has to do with My Fathers SSN and my ex.(thats a much nastier situation) Then he lied, threatened me, threatened my parents, Lied some more( I can sue you, You will have to pay my whole bill, I can go after your parents, I can force you to pay back whatever money I gave you before we were divorced, blah blah blah) He told me he would just go to his commanding officer and they could force me to give him my ssn. Now that we have got down to the nitty gritty, He has admitted he can’t claim me, but he would like to file a joint return. I called the IRS because like I said earlier there is another fraud situation still going on, and I don’t want to be sadled with anymore of his screw ups.
Oh, now it gets fun! YOU go to his commanding officer FIRST, and tell the C.O. that the ex is harassing you, and threatening to commit tax fraud and leave you on the hook.
Even if you had no income for 2003, file ASAP just to get it on the record. (If you had any earned income, file for the EIC refund. Talk to your lawyer.) In fact, you should talk to your lawyer and the IRS about filing your own 2002 return.
Actually, on rereading your last post, my nsHO is: Talk to your lawyer about pressing harassment charges against your ex. This guy needs a restraining order. And all those threats against you and your parents – document, document, document, and next time call the cops.
I’d stick him with the $1500. But, if you feel compelled to help him, have him send you the completed forms and then add your ssn and signature. Mail it from your house so that he’ll never even see it and can’t use your info for other nefarious purposes.
I advised you to go ahead and file joint (only if a cashiers check to pay the taxes accompanies the return) only because it seems like he is a vengeful person and could even be dangerous. If you file without paying, the real issue, who is responsible for the taxes plus penalty and interest, remain.
I was married to a Navy Officer and once we were divorced I became the enemy; I don’t know if it’s still like that. If you go to his commanding officer and cause problems do you think he could do something violent, or is he just a talker? Also, the military sticks together and they go by their own rules. I don’t know if they would give him your SSN or not. He might be able to talk someone into giving him documents that have it if he doesn’t tell them you are divorced, like medical records for example.
The bottom line is, if he forges your signature, in the end you won’t have to pay the tax, but you can’t want all the problems this will cause for you. Then you will have to get an attorney to provide evidence your signature was forged,to stop them from levying your bank accounts, or wages, for the tax, or if they have already done it, to get your money back. They usually levy and ask questions later.
You are still confusing dependency with filing status. Whether or not he provided half of your support is only relevant with a dependency determination. You aren’t his dependent; you were his spouse.
If you are worried, have him bring the prepared MFJ return to your attorneys’ office with the cashier’s check, have him review it, and you both sign in his presence and mail it return receipt with you getting the receipt. Then it will be over. Also, why in the world would he owe $500? It seems his withholding should have been sufficient to cover his taxes. There’s more going on her than meets the eye.