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Joint tax filing while getting divorced

Chicago, IL |

I am on a dependent visa and we are going through divorce. I do not have an SSN, but i have tax ID number. I think my husband has filed joint taxes to get the benefit. How do I find out if he has filed it as single or married?

I mean married filing separate or married filing joint.

Attorney Answers 3

Posted

The IRS will not tell you anything about your husband's tax return unless it is a joint return. You can always call the IRS and ask them if you have filed your tax return for the year in question. If they say yes and you did not file it then it is likely that he filed jointly. Just keep in mind that the IRS will not get involved in any disputes over refunds so if you want your share of the refund you will need to address that during your divorce proceedings.

info@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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9 comments

Asker

Posted

Thank you. Is it considered tax fraud if he does so without my consent?

Linda Simmons Campbell

Linda Simmons Campbell

Posted

Yes, particularly if he forged your signature to file. You can also file a paper return and include a letter stating that this is your return and you did not give your consent to the previous return (after you have verified that a return has already been filed). The IRS will then investigate. You should also discuss this with your divorce attorney prior to doing anything on your own.

Asker

Posted

Sure. Thanks a lot for the information.

Bruce Givner

Bruce Givner

Posted

Ms. Campbell is correct.

Asker

Posted

One last question. Is paper signature a mandatory requirement for tax filing? Because if electronic signature is an option, he may say that I have done it and denying now. thanks for your help

Asker

Posted

additional info- I checked with IRS and they told me that the tax has been filed. He files it through a CPA. So is a paper signature required for that?

Linda Simmons Campbell

Linda Simmons Campbell

Posted

Many times a CPA can file electronically and a paper signature may not be required.

Asker

Posted

Ok thanks. In which case I will not be able to contest it right? I have no earnings for the year as I am a home maker and so I do not have to file a tax return separately

Linda Simmons Campbell

Linda Simmons Campbell

Posted

Hi, For some reason I could not respond to your question on the website, so I am writing you an email instead. It was still fraud for him to file without your permission. What you need to consider is since you would not be receiving a refund is this something you want to make an issue out of with the IRS. It may be to your benefit to have your divorce attorney address your share of the refund in the divorce settlement. Sincerely, Linda S. Campbell Campbell Law Offices, LLC 4 Deer Avenue Burlington, CT 06013 (860) 255-7423 NOTICE: This email and any attachments are CONFIDENTIAL. The contents are protected by various legal privileges which include the attorney client privilege and work product privilege. Other privileges may also apply. The contents of this email and any attachments are intended SOLELY for the designated recipients as identified by name in "To" or "CC" line of this email. If you are not designated as a recipient by name, DELETE the email and attachment from your Inbox IMMEDIATELY. Your receipt was the product of an inadvertent disclosure or an intentional violation of the confidentiality and privileges which apply. DO NOT disclose the contents of this email or any attachments to anyone. NOTIFY the sender immediately of your receipt. You are hereby notified that the unauthorized disclosure, distribution or copying of this message and any files transmitted with it are strictly prohibited. All rights of the sender for violations of the confidentiality of this email and any attachments are expressly reserved. Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part. Pursuant to United States Treasury Department Regulations set forth in Circular 230, except as otherwise provided by law this communication, and any attachments, is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that the Internal Revenue Service may impose on the taxpayer.

Posted

Your lawyer can find this out. If you do not have a lawyer, go in on a motion to compel him to file jointly with you. Also, check with Avvo's immigration attorneys who are conversant with the tax laws.

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Bruce Givner

Bruce Givner

Posted

Mr. Kulerski is correct.

Posted

Ms. Campbell and Mr. Kulerski have given you superb answers. Have your family law attorney get the answer either from your spouse's attorney voluntarily or on petition to the court.

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