My husband didnt file taxes for the past 2 years and we are currently in the process of getting a divorce
Will I get penalized either way since he didnt file on time. I was under the impression that he had already filed.
2 attorney answers
Non-filing is a very serious tax problem, with potential criminal consequences. Accordingly, you need to consult with a tax attorney to advise you how to proceed.
My answer to your question does not constitute legal advise. Nor does it establish an attorney-client relationship.
At the Federal level, if you file a joint return with your spouse, you will both be jointly and severally liable for the resulting tax.
If tax is due and a return is filed late, there will be late filing and late payment penalties. Interest will also be added in.
There are some tax planning options that you may need to consider as part of the divorce. If your soon to be ex-husband cannot or will not pay his taxes, you also have to consider any property transfers that may be made.
I recommend you talk to a local tax pro about this.
Don't take offense to this, but this is not tax or legal advice. I am not your attorney absent a signed engagement letter.