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What happens to back taxes when a spouse dies? Responsible for estranged husband's unpaid taxes if we never filed jointly?

My estranged husband passed away recently and I'm worried about his tax situation. We married in late 2016 but separated in 2020. During our entire marriage, he never filed a single tax return going back to around 2014 (before we even met). He worked as a commercial fisherman (independent contractor) and in some good years made around $75k, so I'm guessing he probably owes tens of thousands in back taxes to both federal and state governments. I always filed my taxes as "married filing separately" on the few occasions I worked during our marriage - I have some disability issues that limited my employment. When I wasn't working, I didn't file at all. I had no idea about his tax problems until I tried applying for financial aid for college and got denied because of his tax delinquency. At one point, we briefly had a joint bank account that the IRS emptied (about $1500) for his state tax debt. After that happened, we kept everything completely separate. We never owned anything jointly - we always rented apartments and had our own separate vehicles that we purchased individually. I constantly tried to get him to work out a payment plan with the IRS, but he refused. His financial issues and personal problems ultimately destroyed our marriage. We've been living in different states since 2020. I filed for divorce that year, but the case got dismissed because he wouldn't accept service or sign any paperwork. I was saving up for another lawyer when he died. I feel terrible thinking about money while his family is grieving, but I'm disabled, working part-time, and there's no way I could afford to pay his tax debt. Will the IRS come after me for his unpaid taxes?

Has anyone dealt with state taxes in this situation? I've heard some states have different rules than the IRS about spousal liability, even when filing separately.

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Sean Kelly

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Yes, this is important! States like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states and have different rules. Even with separate filing, you could potentially have liability for half of his tax debt incurred during marriage in these states. You should definitely check your specific state laws.

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I'm so sorry for your loss and the stress you're dealing with during this difficult time. Based on your situation, you should have very limited liability for your husband's tax debts since you consistently filed separately and maintained separate finances throughout your marriage. The key protections working in your favor are: 1) You always filed "married filing separately" which generally protects you from the other spouse's tax obligations, 2) You kept separate finances after that joint account incident, 3) You owned no joint property or assets, and 4) You were estranged and living in different states. Since your husband passed away, his estate would be responsible for any tax debts, not you personally. If the estate has no assets to pay the debts, they typically can't be collected. However, I'd strongly recommend getting a consultation with a tax attorney who specializes in these situations - many offer free initial consultations for situations like yours. Also consider contacting the IRS Taxpayer Advocate Service (it's free) to explain your situation proactively. They can help ensure your records clearly show your separate filing status and financial separation. Having documentation ready (your separate tax returns, bank statements showing separate accounts, rental agreements in your name only) will be helpful if any questions arise. You've been through enough - don't let fear of his tax problems add to your burden when you're likely protected.

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This is really helpful advice, thank you. I'm curious about the Taxpayer Advocate Service you mentioned - I've never heard of this before. How exactly do I contact them, and what kind of help can they actually provide in a situation like this? I'm worried about accidentally making things worse by contacting the IRS when maybe they don't even know about me yet.

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As someone who just went through this exact confusion with my first year of Vanguard ETF investing, I wanted to share what finally helped it click for me. The key insight that made everything clear was understanding that ETFs are basically baskets of individual stocks, and each of those underlying companies has different dividend policies. When Apple pays a qualified dividend to the ETF, and the ETF has held Apple stock long enough, that portion gets passed through to you as qualified. But if the ETF holds some REITs or other securities that don't qualify, those get passed through as non-qualified. What really helped me was looking up the actual holdings of my ETFs on Vanguard's website. For VOO, you can see it holds companies like Microsoft, Apple, and Amazon - most of which pay qualified dividends. But there might be some smaller holdings or newer additions that haven't met the holding period requirements yet. For your 2025 filing, just wait for the 1099-DIV form from Vanguard - it'll have everything broken down clearly in the right boxes. Box 1a shows total dividends, Box 1b shows qualified dividends, and the difference is your non-qualified amount. Don't stress too much about the exact percentages - even if some portion is non-qualified, you're still getting good dividend income from solid funds! The most important thing is that you started investing consistently. The tax complexity gets easier to understand with experience, and Vanguard's customer service is really helpful if you have specific questions about your statements.

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GalaxyGlider

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This is such a helpful way to think about it! I never considered looking at the actual holdings to understand why the dividend classifications vary. That makes the whole concept much less mysterious - it's literally just a reflection of what companies are in the fund and their individual dividend policies. Your point about not stressing over the exact percentages really resonates with me. I've been getting caught up in trying to optimize every detail when I should probably focus on the bigger picture of consistent investing. The fact that most of VOO's dividends are qualified (since it holds mostly large, established companies) is already a good outcome. Thanks for the reassurance about Vanguard's customer service too. I was hesitant to call thinking my questions might be too basic, but it sounds like they're used to helping people navigate these concepts. I'll definitely wait for the 1099-DIV rather than trying to calculate everything myself - that seems like a recipe for errors! One follow-up question: when you looked at the fund holdings, did you notice any patterns in which types of companies tend to generate non-qualified dividends? I'm curious if it's mostly certain sectors or just newer holdings that haven't met the time requirements yet.

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Beth Ford

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As a newcomer who just started dealing with ETF dividends this year, this thread has been incredibly valuable! I had the same confusion with my VOO and VTI holdings - seeing those different dividend categories on my statements was really puzzling at first. What helped me the most was realizing that this is completely normal and not something I did wrong. I was initially worried that I had made some mistake in my investment selections or that there was some action I needed to take to "fix" the non-qualified portion. One thing I learned from my accountant is that for most people in lower tax brackets, the difference between qualified and non-qualified dividend treatment isn't as dramatic as it might seem. Yes, qualified dividends get better tax treatment, but even non-qualified dividends from solid ETFs like VOO are still good investment income. I also found Vanguard's online chat support really helpful when I had questions about reading my statements. They explained that the quarterly variations in qualified percentages are totally normal and happen for all the technical reasons everyone mentioned here. For other newcomers reading this - don't let the complexity discourage you from investing in these great broad-market ETFs. The tax stuff seems overwhelming at first, but it becomes much clearer once you actually go through a tax season with the proper forms. Focus on building good investing habits first, and the tax knowledge will follow naturally!

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Thank you so much for sharing this perspective, @Beth Ford! As another newcomer, it's really reassuring to hear that the confusion I've been feeling is completely normal. I was also worried that I had somehow made a mistake when I saw the different dividend categories on my first Vanguard statements. Your point about focusing on building good investing habits first really resonates with me. I've been getting so caught up in trying to understand every nuance of dividend taxation that I was starting to second-guess my investment choices. But reading through this entire thread has helped me realize that VOO and VTI are solid foundational ETFs regardless of the exact qualified/non-qualified split. I think I'll take your advice about using Vanguard's online chat support - I didn't know that was an option and it sounds much less intimidating than calling. It's encouraging to know that the quarterly variations are normal and that this complexity becomes clearer with experience. One thing this discussion has taught me is the importance of keeping good records from the start, even as a beginner. I'm going to set up a simple tracking system now rather than trying to piece everything together at tax time. Thanks to everyone who has shared their experiences - this community is incredibly helpful for those of us just getting started!

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Has anyone actually gotten the penalty waived? My Q2 payment was late because of a family emergency, and I'm wondering if there's any point in trying to explain that to the IRS.

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Ali Anderson

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The IRS will sometimes waive penalties for "reasonable cause" - things like natural disasters, serious illness, or death in the family. You'd need to attach a statement explaining the circumstances to your tax return or respond to the penalty notice with an explanation. In my experience, they can be understanding if you have a legitimate reason and you've otherwise been compliant with tax obligations.

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I've been dealing with estimated tax payments for years and the formula can definitely be confusing. Based on your payment schedule, you'll likely face a penalty for the Q2 late payment, but it might not be as bad as you think. The IRS uses Form 2210 to calculate penalties, and the key thing to understand is that they look at each quarter independently. Your March payment was early (which is good), but your June payment being 10 days late will trigger a penalty for those specific days. Here's what typically happens: They'll calculate your required quarterly payment (usually 25% of your total annual requirement), then charge daily interest on any shortfall from the due date until paid. With the current 8% annual rate, that's roughly 0.022% per day. One thing that might help you - if your income is uneven throughout the year, you can use the annualized income installment method on Form 2210 Schedule AI. This lets you calculate required payments based on when you actually earned income rather than assuming equal quarters. Given your varying payment amounts, this might reduce your penalty if your income was lower in Q2. The good news is estimated tax penalties are usually much smaller than people expect - often just a few hundred dollars even for significant timing issues.

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Another option nobody mentioned - you could also file Form 1116 Schedule B as a PDF attachment to your return. This works if your tax software won't allow you to complete just Schedule B without the main form. Just download the PDF form from the IRS website, fill it out manually, and then attach it to your e-filed return as a PDF supplement. Most tax software allows you to include supplemental forms this way. This might be cleaner than entering artificial foreign income data just to trigger the form. The key is making sure you have documentation of your carryover amounts for future use!

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I went through this exact situation two years ago and can confirm that filing Form 1116 Schedule B is absolutely necessary to preserve your FTC carryovers, even when you have no foreign income for the current year. What really helped me was creating a simple spreadsheet to track all my carryovers by year and their expiration dates. Since FTC carryovers expire after 10 years, it's crucial to maintain clear records of when each carryover originated so you know when they'll expire. For the tax software issue that several people mentioned - I found that most software programs have a "forms mode" or "manual entry" option that lets you add forms without going through the interview process. In TurboTax, you can search for "Form 1116" and add it directly, then just complete Schedule B without filling out the main form sections. One important note: make sure your Schedule B carryover amounts match what you reported in previous years. The IRS computers will flag any discrepancies, so consistency in your carryover tracking is key. I learned this the hard way when I had to amend a return because my carryover amounts didn't match my previous year's filing.

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This is incredibly helpful! I've been stressed about this exact situation - I have carryovers from 2021-2023 but no foreign income this year. Your spreadsheet idea is brilliant for tracking the 10-year expiration dates. Quick question about the "forms mode" in TurboTax - when you add Form 1116 directly, does it automatically populate your carryover amounts from last year's return, or do you have to manually enter all the carryover data again? I'm worried about making errors when transferring the numbers from my previous year's Schedule B. Also, did you have any issues with the IRS accepting an e-filed return that had Form 1116 Schedule B but no current year foreign income reported on the main form?

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Laila Fury

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If your grandparents have online access to their Treasury Direct account, they can log in and download all their tax forms including complete 1099-INTs with the EIN. Might be worth walking them through it over the phone so they can access these themselves in the future.

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Good suggestion in theory but have you tried helping seniors with Treasury Direct online? That website is stuck in 1997 and the login process is RIDICULOUS. They need their account number, password AND a special code from a card they were mailed when they set up the account. My mom lost her card years ago and the recovery process was a nightmare.

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Amara Eze

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I totally feel your pain with helping elderly family members with taxes! Just wanted to add that if you're still stuck, you can also call the IRS directly at 1-800-829-1040 and they can help verify the correct EIN for Treasury Direct over the phone. I had to do this last year for my grandfather's bonds and the representative was actually really helpful - they confirmed the 43-1965496 EIN that others mentioned and even helped me understand which parts of the interest were taxable vs. exempt. The wait times can be long (especially during tax season) but it's free and they have access to all the official records. Might be worth trying if the other suggestions don't work out!

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That's really helpful to know about calling the IRS directly! I hadn't thought of that option. Do you remember roughly how long the wait was when you called? I'm trying to decide between that and some of the other solutions people mentioned. Also, did they need any specific information from you to verify the EIN, or were they able to just confirm it based on the Treasury Direct question?

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