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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.
My wife and I both work two jobs and here's what we've learned: the key is filling out your W-4 forms correctly! On the W-4 for your second job, check the box in Step 2(c) that says "Multiple Jobs or Spouse Works." This tells your employer to withhold at a higher rate. Or you can use the IRS withholding calculator and follow the instructions exactly. We did this last year and ended up with a small refund instead of owing thousands like we did the previous year when we messed it up.
Thanks for the tip about checking that box on the W-4! I didn't know there was a specific option for multiple jobs. Does this mean I should check this box on both job W-4s or just the second one?
You should only check the multiple jobs box on one of your W-4 forms, not both. If you check it on both, you'll likely have too much withheld and end up with a large refund (which means you're giving the government an interest-free loan all year). For the most accurate withholding, I'd recommend using the IRS Withholding Estimator on their website. It lets you enter info from both jobs and will tell you exactly how to fill out both W-4 forms for the perfect withholding amount.
I worked 2 full-time jobs last year (65-70 hours weekly, it was rough!) and didn't adjust my withholdings. Big mistake! Ended up owing $3,200 at tax time because neither employer was withholding enough. Now I have extra withholding on my main job ($200/paycheck) and I'm much better prepared. Don't listen to people saying you'll get "screwed" - you just need to plan ahead!
Did you find that working that many hours was worth it financially? After taxes, did you still come out way ahead? Wondering if killing myself with 70-hour weeks would actually leave me with much after Uncle Sam takes his cut.
You should file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" with your return if your employer didn't properly withhold. This lets you report the income without paying self-employment tax on it. Also check with your state tax department - some states have protections for employees when employers mess up withholding.
But they did withhold Social Security and Medicare - just not federal income tax. Does Form 8919 still apply in my situation?
You're right - Form 8919 wouldn't apply in your situation since your employer did properly withhold Social Security and Medicare taxes. I misunderstood your original post. For federal income tax withholding issues, there unfortunately isn't an equivalent form. Since you correctly filled out your W-4, this is definitely the employer's mistake, but as others have mentioned, the IRS still considers the tax liability yours. Your best options are still to speak with management about potential compensation and set up a payment plan with the IRS for any amount you can't pay immediately.
Have you looked into filing for abatement of penalties? While you'll still owe the tax amount, you might qualify for first-time penalty abatement if you haven't had any issues in the past 3 years. That could at least reduce the amount by removing penalties. Worth asking the IRS about when you call them.
This! I had a similar situation and got the penalties removed. You still have to pay the base tax but it saved me a few hundred in penalties. The IRS form to request this is pretty straightforward.
Sofia Perez
My tax guy always says that even a short-term property sale won't trigger self-employment tax unless you've been making substantive improvements with the intention to sell for profit. Living in it as your primary residence indicates personal use, not a business activity. Your brother should keep good records though - document that he's living there as his primary residence, keep all utility bills, change his address officially, register to vote there, etc. The more evidence he has that this was his home (not an investment property), the better position he'll be in if questions ever come up. I think your brother's plan makes sense given the rent increase. Even with potential capital gains tax, he might still come out ahead compared to paying the higher rent for three years.
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Dmitry Smirnov
ā¢Does he need to do anything special on his tax forms to show it was his primary residence even though he didn't meet the 2-year test? Is there a specific form or something?
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Sofia Perez
ā¢There's no special form specifically for declaring a primary residence that doesn't meet the 2-year test. He would report the sale on Schedule D and Form 8949 like any capital gain, but the key is keeping those supporting documents we discussed in case of questions. If he qualifies for a partial exclusion due to work-related move, health reasons, or unforeseen circumstances, he would need to fill out Form 2119. But from what you've described, planned retirement and moving overseas probably wouldn't qualify as an unforeseen circumstance, so he should plan on paying the full capital gains tax.
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ElectricDreamer
My parents just went through this! They bought a house, then dad got transferred unexpectedly and they had to sell after only 14 months. The tax part was actually pretty straightforward - they just paid capital gains tax on the profit (thankfully housing prices hadn't gone crazy in their area so it wasn't much). One thing they learned - if you have a legit reason for selling before 2 years, like job transfer, health issues, or certain other "unforeseen circumstances," you might qualify for a partial exclusion of capital gains. Doubt retirement plans would count though since that's a known, planned event.
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Ava Johnson
ā¢Did they use TurboTax or some other tax software to figure all this out? I'm trying to decide if I need an accountant for my situation or if the tax software can handle these kinds of scenarios.
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