My husband owes the IRS money?

Question

My husband owes the IRS money?

Answer 1

If they are asking for 5 years of tax returns it would seem that your husband and/or you must not have filed for those years. You don't need a lawyer at this point and bankruptcy will do nothing regarding the tax arrears. What you do need is a tax professional who will review the facts and file proper returns for you. It is very likely that the $30k is based on speculated numbers by the IRS. Those are rarely correct or at least never based on assumptions helpful to your interest.

Answer 2

You should seek out the services of an enrolled agent as soon as possible. Enrolled agents are tax experts who are authorized to represent you before the IRS and they are usually less expensive than CPAs and attorneys.



Chances are the IRS made some assumptions in determining how much your husband owes. Those assumptions were likely to the IRS's benefit and your detriment. An enrolled agent will likely be able to help you compile more accurate returns thus lowering the tax obligation.

Answer 3

You cannot file single while you are still married. But you may be able to get tax relief from the IRS. In some cases, a spouse (or former spouse) will be relieved of the tax, interest, and penalties on a joint tax return. Three types of relief are available to married persons who filed joint returns. 1. Innocent spouse relief. 2. Separation of liability relief. 3. Equitable relief. Married persons who did not file joint returns, but who live in community property states, may also qualify for relief. See IRS Publication 971 and Form 8857 for more details.

Answer 4

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RE My husband owes the IRS money?



They say he owes them almost 30K from when he was self-employed. They've asked for copies of his tax returns for the last 5 years, but we don't have them. Can he have this debt forgiven if he files bankruptcy? How can he get this under control? A lawyer? We don't get it. Please help.

Answer 5

Who asked for copies of his returns?

He he actually file the returns? Or did IRS filed for him, IRS would have filed for him if he ignored the letters requesting the returns to be filed.

IRS will not give him a debt forgiveness,

HE must file the return if he didn't file them, then if he still owes he can request an installment agreement, simply fill out Form 9465 and Form 433-F and mail to appropriate IRS address.

Make he payment proposal as much as he can afford each month and for the amount he owe he can divide the amount by 60 months and that will be the minimum payment IRS will accept.







good luck.

Answer 6

Bankruptcy doesn't involve tax debt. No dice there. The IRS should already HAVE copies of his last 5 years returns. If they don't, and YOU don't, you might have something there.

Answer 7

No he can't just get rid of the IRS debt by filing bankruptcy.



He can ask the IRS for copies of his returns, or transcripts of them, if he didn't keep copies. But if they're asking for them, sounds like they have no record of his filing.

Answer 8

no, taxes that are owed are not discharged in b/ks

as self employed he would be liable for his own self employment tax, if he had employees he would have the payroll taxes due on those employees so it sounds like he didn't do anything but pocket the money

if they need 5 yrs returns, he apparently failed to file any and you are going to need to recapture everything you can for those 5 yrs and file as best you can the income tax returns

are they basing the 30K on returns IRS prepared? they do that and it always is much more tax liability than probably was reality

a lawyer can't help you if you can't reconstruct those 5 yrs of tax returns

Answer 9

Try reading about this at www.livefreenow.org and good luck

Answer 10

The answer to part of your question is a solid maybe. The rest makes no sense.



The people who consistently give you scary no answers are completely wrong. The answer is Yes.



Income taxes that have been owing for at least three years can be discharged in a bankruptcy provided there is nothing the federal tax lien attaches to. Right now, this would be tax for 2006 or earlier provided the returns have been filed for at least two years and the bills are more than 240 days old.



If you owe newer tax, you may be able to avoid paying penalties if you file a Chapter 13 repayment plan but will have to pay the tax as a priority debt.



Why IRS wants copies of tax returns makes no sense. They should have them already unless your husband has not filed in which case they don't want copies, they want signed originals.



If you can't pay, you can't pay. Period. There are four payment alternatives.

1. Pay in full now, probably not realistic for you

2. An installment agreement where you can pay what you wish if you owe less than $25,000 and can full pay within five years or, if you can't do that or owe more than $25,000, the amount IRS says you can pay based on expense standards it uses to dictate the payment amount.

3. An Offer in Compromise, the "Pennies on the Dollar" settlement you have probably seen advertised on cable TV. You would have to come up with a lump sum that is what IRS thinks it could squeeze out of you over a reasonable period of time.

4. A write-off, not exactly, but IRS may be convinced that you can pay nothing at this time and the account will be classified "currently not collectible" which means it stays on the books but IRS will not make agressive attempts to collect.

5. Bankruptcy may be a part way answer.

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Answer 11

No you can't dismiss this through bankruptcy and a lawyer won't be able to do much either.



How do you get it under control? You PAY IT. Set up a payment plan with them and tell your husband to start looking for extra work.

Answer 12

A bankruptcy does NOT wipe out IRS debt. How can you not have your tax forms? I'd negotiate a payment plan with them NOW.

Answer 13

NO. You can add the fine for not supplying previous returns. He must pay there is no way out.