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Late husband hid tax payments on 1099 income since 2017 - now IRS says I owe $42,000

I'm completely blindsided. Just found out my husband who passed away recently was only partially paying our taxes since 2017. I'm a 1099 contractor while he had a small salary job with taxes withheld, but also earned commission checks without withholding. All these years, I trusted he was handling both our tax payments since he filed returns annually. Last week I received a shocking letter from the IRS saying we owe $42,000 in back taxes dating to 2017. When I sent this year's documents to his accountant, I discovered my husband only paid $600 for our 2023 taxes when our combined income was around $180,000! Now I'm potentially facing a $60,000+ tax bill. I do have some assets - about $320,000 in money markets and a traditional IRA combined. I own our home but there's a HELOC my husband took out without fully explaining to me. To make matters worse, I'm 72 with serious health issues. My current annual income is roughly $50,000 including Social Security. His accountant mentioned if I can pay the balance down to $50,000 immediately, I might qualify for an IRS payment plan. But between this tax bomb and the credit card debt he secretly accumulated, I'm looking at losing everything. Should I consider bankruptcy? Debt consolidation? Finding an attorney specializing in IRS negotiations? Selling the house isn't ideal since rentals in my area (NY) are extremely expensive. I don't even know if there are tax liens on my property at this point. I have no family who can help financially. I'm completely overwhelmed.

Whatever you do, don't ignore the IRS notices or miss deadlines for responding. That's the fastest way to make the situation worse. Even if you can't pay right away, always respond to notices and requests for information. Something else to consider - you may want to file separately going forward if you have any current year income. This prevents any new tax issues from getting mixed in with resolving the past problems.

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Her husband passed away so she can't file separately going forward, she'll be filing as single or qualifying widow. But your advice about responding to IRS notices is spot on! The worst thing is to ignore them.

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Yara Nassar

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So sorry about your situation. I'd recommend getting a free consultation with a tax resolution attorney before making any financial decisions. Many offer free initial consultations, and they can give you a realistic assessment of your options. With your health situation and age, you likely qualify for special consideration. If your husband truly handled all the finances without your knowledge, innocent spouse relief might significantly reduce your liability. Don't drain your retirement accounts before exploring this option fully. The IRS has specific provisions to protect retirement funds for seniors, especially those with health issues. Whatever you do, don't ignore the notices. Responding shows good faith even if you can't pay immediately.

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Ezra Beard

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Have you checked your credit report? I had a similar situation where a dealership charged me double, and it turned out they had opened TWO separate financing accounts for the same vehicle! One was the agreed amount and the other was their "mistake" that they never closed. Worth looking into.

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This happened to my sister too! The dealership claimed it was an "accounting error" but had been collecting both payments for 4 months before she caught it. She had to threaten legal action to get refunded.

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On the tax side - if you use your vehicle for a side business, make sure you're tracking mileage with a dedicated app. You can deduct 65.5 cents per mile for business usage in 2023. With gas prices these days, that adds up! Just make sure you have proper documentation showing the business purpose of each trip.

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Aria Khan

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Does this apply if you're not fully self-employed? I use my car about 30% for a side gig but have a regular W-2 job too.

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Yes, it absolutely applies even if you're not fully self-employed! The business use of your vehicle for your side gig would be reported on Schedule C along with your other business expenses and income. You'd only deduct the percentage used for business - so in your case, you'd track all your mileage and then deduct 30% of it at the standard rate. Make sure you keep detailed records showing the date, starting point, destination, purpose, and mileage for each business trip. The IRS is particularly strict about vehicle deductions, so good documentation is essential. There are several good apps like MileIQ or Everlance that can help you track this automatically.

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13 One thing to consider is whether you can free up some cash by adjusting other financial obligations. When I was hit with an unexpected tax bill last year, I: 1) Called my mortgage company and asked to skip a payment (many allow this once per year) 2) Temporarily reduced my 401k contributions to the minimum needed for company match 3) Sold some non-retirement investments (even at a small loss) 4) Used a 0% intro APR credit card for other expenses while directing cash to the tax bill The key is to pay as much as possible upfront to minimize the interest and penalties. The IRS interest rates are lower than credit card rates, but still significant over time.

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1 These are all really good ideas! I hadn't thought about the mortgage skip-payment option. I'll definitely look into that. I'm also considering selling some stock I've been holding, even though the market is down a bit right now. I guess paying the IRS has to take priority over ideal investment timing. Did you find that the IRS was generally reasonable to work with? I've been anxious about dealing with them directly.

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13 In my experience, the IRS representatives were surprisingly reasonable and helpful once I actually got through to them. They've dealt with this situation thousands of times and have standard procedures in place. The key is being proactive and honest. I explained my situation clearly, had all my numbers ready, and proposed a solution rather than just asking what to do. They responded well to that approach. Most importantly, never ignore IRS notices or deadlines - that's when they become much less flexible.

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4 Have you checked if your state has similar tax issues? Often federal and state tax problems go hand in hand. It might be worth doing your state taxes right away to see the complete picture before finalizing your payment strategy.

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1 That's a good point. I've done a preliminary calculation for state and we actually should be getting a small refund there (about $1,200). I guess that will help offset the federal bill a tiny bit. The majority of our issue was federal withholding that didn't account for some investment income and a side business I started last year.

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7 Also, don't forget to check if you qualify for state-level payment plans too. Some states offer better terms than the IRS, with lower interest rates or longer payment periods. When I had a similar issue, I was able to set up a 24-month payment plan with my state that had a much lower interest rate than the federal one.

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Diego Chavez

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Another thing to consider is that buying property in another country often means you'll be subject to that country's tax laws too. I bought a place in Spain a few years ago and was hit with their version of property transfer tax (about 8% in my region) that I wasn't expecting. Also, if you rent out that foreign property, you'll likely need to report that income both to the foreign country AND on your US tax return. There might be tax treaties that prevent double taxation, but you'll still need to report everything.

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Javier Cruz

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Thanks for bringing this up! Do you have any recommendations for figuring out the specific tax rules for different countries? I'm considering properties in either Portugal or Greece.

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Diego Chavez

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For Portugal and Greece specifically, you'll want to look into their "Golden Visa" programs if you're investing enough, as these can offer some tax advantages for foreign investors. Portugal has a decent tax treaty with the US, and they offer a Non-Habitual Resident tax regime that might benefit you. For accurate country-specific advice, I strongly recommend consulting with a tax professional who specializes in expat taxes and has specific experience with those countries. Local property taxes, transfer taxes, and income tax rules vary significantly by country and sometimes even by region within countries. In my experience, spending money on good tax advice before making an international property purchase saved me from some expensive surprises later.

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NeonNebula

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Has anyone here actually completed a 1031 exchange successfully? I tried doing one a couple years ago within the US and it was insanely complicated with strict timelines. Had to identify potential replacement properties within 45 days and close within 180 days.

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I did one in 2023 and it was definitely complicated but doable. The key was using a qualified intermediary who handled all the details. The hardest part was finding suitable replacement properties within the 45-day identification period in the crazy market. You absolutely need to follow the timelines exactly - no extensions. I almost lost my tax deferral because my closing got delayed, but we pushed hard to get it done just under the wire. But remember, as others mentioned, this won't work for foreign property - has to be US to US.

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I'm wondering if anyone knows if the software matters for this situation? I use FreeTaxUSA and it seems like it wants me to complete both returns together. Is there a way to just file the state through them while saving the federal as a draft until October?

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With FreeTaxUSA, you can absolutely do this! Complete both your federal and state returns in the software, but when you get to the filing stage, only select to e-file your state return. There should be an option to "file state only" somewhere in the filing process. For your federal, make sure you fill out and submit Form 4868 for the extension and pay your estimated amount owed. You can either generate this form through FreeTaxUSA or use the IRS direct pay website to make the payment, which automatically gives you the extension.

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Just to add another perspective - I did exactly this last year with H&R Block software. Completed both returns, filed for federal extension + made payment, and filed state right away. Got my state refund in about 3 weeks while taking my time to finalize some complicated deductions on my federal return. The only hiccup was that I did have to amend my state return later because I found additional deductions that changed my federal AGI by a significant amount, which affected my state calculations. So just be aware that if your federal numbers change substantially when you finalize in October, you might need to amend your state return.

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