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One thing not mentioned yet - if these were employment taxes, you need to understand the Trust Fund Recovery Penalty (TFRP). The IRS can assess personally against BOTH of you the portion of taxes that was withheld from employee paychecks but not remitted. This is critical because even if your business was an LLC or corporation, the TFRP bypasses that protection. And it applies to anyone who was "responsible" for collecting, accounting for, and paying those taxes. Since you were both owners, they can come after either or both of you. Definitely work with your tax attorney on this part specifically. If your spouse was the one handling finances, there might be a way to argue you weren't a "responsible person" under the TFRP rules, though it can be an uphill battle.
This is terrifying. So even though my spouse handled all the finances and made the decision not to pay these taxes without telling me, I could still be held personally liable? Do they ever consider these kinds of circumstances?
They do consider circumstances, but you'll need to prove you weren't a "responsible person" as defined by the IRS. The fact that you were an owner and involved in the business creates a presumption that you had authority. However, your tax attorney can help build a case based on your specific role. Key factors they look at: Who had check-signing authority? Who made financial decisions? Who had the power to determine which creditors got paid? If you can demonstrate your spouse exclusively controlled these functions and deliberately kept you in the dark, you may have a case. Document everything about your roles and responsibilities in the business.
Random tip from personal experience - request your IRS transcripts ASAP! You can get them online through the IRS website. They'll show exactly what's been assessed, when, and give a complete history of your account. My ex-husband hid tax problems from me too, and when I finally got my transcripts, I discovered some of the "tax due" letters were actually for periods that had already passed the 10-year collection statute of limitations. The collection agency was still trying to collect, but they legally couldn't! Also, make sure to ask your tax attorney about "innocent spouse relief" - it might apply in your situation since your spouse concealed the tax issue from you.
22 Don't overlook state taxes in all of this! I made that mistake when catching up on my back taxes. Got all my federal returns sorted out and then realized I still had to deal with state returns. Each state has different requirements and look-back periods.
1 Oh geez I hadn't even thought about state taxes! Do you know if Missouri has the same 6-year lookback period as the IRS? Or do I need to file all 10 years with the state?
22 Missouri generally follows the federal statute of limitations, so the 6-year lookback period is similar. However, there are some important differences. Missouri's Department of Revenue can be a bit more aggressive about collecting on older debts than the IRS in some cases. The good news is that Missouri offers voluntary disclosure programs that might help reduce penalties if you come forward voluntarily before they contact you. I'd recommend checking the Missouri DOR website or calling them directly after you get your federal situation straightened out. In my experience, state tax agencies are actually easier to reach by phone than the IRS.
5 Just wondering, has anyone used those tax relief companies that advertise on the radio? They claim they can settle your tax debt for pennies on the dollar. Are those legit or just scams?
8 Most of those "pennies on the dollar" tax relief companies are extremely misleading. What they're referring to is the IRS Offer in Compromise program, which is legitimate but has very strict qualification requirements that most people don't meet. These companies often charge thousands upfront with no guarantee of results. The reality is that if you have assets or a decent income, you likely won't qualify for significant reductions. The IRS has standard formulas they use to determine eligibility. You're better off working directly with the IRS or hiring a reputable local tax professional who charges reasonable fees. The IRS provides payment plans that most people can qualify for without needing a special "tax relief" company.
I went through this exact same nightmare last year! If you filed with TurboTax online, you can actually access your full return PDFs which include a "Wages Summary" page that breaks down each W-2. Just log in, go to Documents, download the full PDF (not just the 1040), and look through the supporting schedules. Saved me from having to contact 3 different ex-employers!
This is the right answer! The full tax return PDFs in TurboTax include all the supporting docs with the employer breakdowns. Just make sure you're looking at the COMPLETE return, not just the 1040 summary.
Don't forget to check if your city offers any voluntary disclosure programs before filing all those back taxes! Many cities have amnesty programs where they'll waive penalties (and sometimes interest) if you voluntarily file past-due returns. Might save you a lot of money compared to just filing and accepting all penalties.
Just my two cents: I've used Jackson Hewitt, H&R Block, and Liberty Tax over the years and found they're all about the same. The quality really depends on the individual preparer you get. I've had good and terrible experiences with all of them. Now I just use TaxSlayer and do it myself. It's like $25 for federal and state combined if you have a simple return. Been using it for 3 years with no issues.
How user friendly is TaxSlayer? I'm not great with computers and that's honestly why I've kept going to in-person places despite the cost.
TaxSlayer is pretty straightforward. It asks you questions in plain English and fills in the forms based on your answers. You don't need to understand tax forms or be particularly tech-savvy. It saves your info from previous years, which makes it even easier after the first time. They also have phone support if you get stuck on something, but I've never needed to use it. The whole process usually takes me about 45 minutes for a basic return.
Pro tip: If you make under $60,000 a year, check if your city or community has a VITA (Volunteer Income Tax Assistance) program. IRS-certified volunteers will prepare your taxes for FREE. I volunteered with them for years and we helped thousands of people with basic returns just like yours.
VITA is the best kept secret! I used them when I was in college and they were amazing. Just make sure to schedule an appointment early in the season because they fill up fast.
Yara Abboud
Just wanted to add that self-filing a 1065 is definitely doable but pay special attention to the partner basis calculations. That's where I messed up last year and had to file an amended return. Make sure you're tracking each partner's capital contributions, distributions, and share of liabilities correctly. It gets complicated fast.
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Fatima Al-Farsi
ā¢Thanks for pointing this out. I'm a bit worried about the basis calculations. Does TaxAct walk you through determining each partner's basis properly? We had some complicated transactions this year with one partner contributing equipment instead of cash.
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Yara Abboud
ā¢TaxAct does have a basis worksheet that helps guide you through the calculations. For non-cash contributions like equipment, you'll need to enter the fair market value and adjusted basis of the property. The software should handle the Section 704(c) allocations if set up correctly. However, this is exactly the kind of situation where careful attention is required. Make sure you have proper documentation of the equipment's value and basis. The software will ask you these questions, but you need to have the right information ready. If the contribution happened this tax year, you'll also need to complete Form 8824 for the non-cash contribution. The preview method you originally suggested would likely miss these interconnected forms.
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PixelPioneer
Whichever way you go, make sure you keep track of the Section 199A information that needs to be reported on each K-1. I self-filed our partnership return last year and totally forgot about reporting each activity separately for the qualified business income deduction. Cost both partners a lot in missed deductions on our personal returns.
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Keisha Williams
ā¢Yep, this happened to me too. Had to file amended returns for both the partnership and personal returns. Such a headache. The Section 199A stuff is super easy to miss if you're not familiar with it.
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