IRS

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Ask the community...

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Olivia Garcia

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Don't forget to also contact your state tax authority! I made the mistake of only dealing with the IRS when my ex committed tax fraud, and then got hit with state tax penalties a few months later. Most states have their own innocent spouse provisions, but you usually need to file separately with them. Also, gather as much evidence as you can that you were kept in the dark about finances. This includes: - Any emails/texts where your ex refused to discuss money - Statements showing you didn't have access to accounts - Testimony from friends/family who witnessed the financial control - Documentation from your therapist about financial abuse (with your permission) The more evidence you have that you couldn't have known about the tax issues, the stronger your case will be.

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Margot Quinn

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That's a really good point about state taxes that I hadn't considered. I'm in Texas which doesn't have state income tax, but we did live in California for two years during our marriage. Should I be concerned about that?

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Olivia Garcia

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Yes, absolutely contact California's tax authority (Franchise Tax Board) immediately! California is extremely aggressive about collecting back taxes, and they have a lookback period of up to 20 years for tax fraud. If your ex didn't pay proper taxes while you lived there, California could come after you separately from the IRS. California does have an innocent spouse program, but you need to be proactive about it. Don't wait for them to find you. The good news is that if you get innocent spouse relief from the IRS, California generally follows the federal determination, but you still need to file the proper paperwork with them.

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Noah Lee

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As someone who went through this exact situation, make sure you're documenting EVERYTHING right now. Every letter from the IRS, every conversation (get badge numbers of agents you speak with), every communication with your ex or their attorney. Also, consider filing taxes separately from now on using Married Filing Separately status until the divorce is final. This won't help with past issues but prevents new ones. And when you file your 2024 taxes next year, make sure you work with a tax professional who specializes in innocent spouse situations.

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Ava Hernandez

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Adding to this excellent advice - be prepared for a long process. My innocent spouse case took 14 months to resolve completely. The IRS isn't known for speed. Make sure you respond to every letter they send within the timeframe they specify, and always send things certified mail so you have proof of delivery.

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Check your bank account again! Sometimes they process it as direct deposit even if you selected check. Happened to me last year. Also, make sure you're checking the correct tax year on the Where's My Refund tool. I was looking at 2023 instead of 2024 for like a month wondering where my money was lol

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Nia Harris

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This is actually good advice. I had selected paper check on my return but they sent direct deposit anyway using my bank info from the previous year. Worth checking both!

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Have you tried checking your transcript on the IRS website? Sometimes it shows more detailed info than the Where's My Refund tool. You can access it by creating an account on IRS.gov. The transcript might show if there are any holds or issues with your return that are causing the delay.

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Ravi Malhotra

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I just tried but couldn't create an account because they want me to verify identity with a credit card or loan number and I don't have either of those right now. Seems like there's no easy way to get info from the IRS unless you're already financially established. So frustrating!

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I worked for the IRS for 11 years. Here's what you need to know: First, verify this is actually from the IRS - the term "Federal Tax Authority" is suspicious. Real IRS notices have specific notice numbers. The IRS CAN seize a primary residence but it's extremely rare and the last resort after many other attempts to collect. If your wife is truly unable to pay due to disability, she likely qualifies for Currently Not Collectible status or possibly an Offer in Compromise (settling for less than owed). Your status as an LPR doesn't affect this situation since the debt and property are in your wife's name. Focus on contacting the IRS Taxpayer Advocate Service (877-777-4778) - they can help navigate hardship situations and often get collection actions paused while you work out a solution.

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Thank you for this detailed response. We've checked the letter more carefully and it does have a CP504 notice number on it, so I think it's legitimate. What's the difference between Currently Not Collectible status and an Offer in Compromise? Would either of these permanently resolve the debt or just delay collection?

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Currently Not Collectible (CNC) status temporarily pauses collection actions when paying the tax debt would create an economic hardship. The debt doesn't go away, but the IRS stops trying to collect while you're in financial hardship. The IRS reviews your status periodically (usually annually) to see if your financial situation has improved. An Offer in Compromise (OIC) is a settlement agreement where the IRS accepts less than the full amount owed to resolve the debt permanently. You have to demonstrate that you cannot pay the full amount due to financial hardship, and they consider your income, expenses, asset equity, and ability to pay. If accepted, you fulfill the terms of the offer (usually a reduced lump sum or payment plan), and the debt is considered paid in full.

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Has anyone looked at whether your wife might qualify for Innocent Spouse Relief? If the tax debt was from a joint return and she was unaware of the issues that caused the underpayment, that could be an option. Just throwing it out there since I went through something similar with my ex's tax problems.

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Grace Johnson

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Innocent Spouse Relief only applies if the debt is from a joint tax return where one spouse didn't know about income that wasn't reported or incorrect deductions. From OP's post, it sounds like this is solely the wife's tax debt, not joint debt, so probably wouldn't apply here.

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Thanks for clarifying! You're right - I missed that detail that it's solely in her name. In that case, exploring the hardship provisions others mentioned is probably the better route.

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I'm going against the grain here, but I've never reported tiny amounts like this and never had an issue. The IRS has bigger fish to fry than coming after you for $2 in taxes. Just my two cents.

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Aisha Ali

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Isn't that technically tax fraud though? Even if it's a small amount? Not judging, just curious about the potential consequences.

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Technically yes, but realistically the IRS operates on a threshold system even if they don't publicly admit it. The cost of pursuing someone for a few dollars in tax would far exceed what they'd collect. I'm not advocating tax evasion for significant amounts, but there's a practical reality to how tax enforcement works. The IRS themselves have had their resources cut for years and focus on larger discrepancies. That said, everyone should make their own decision based on their comfort level with risk - even if that risk is extremely minimal for amounts this small.

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Ethan Moore

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Has anyone used the Cash App Taxes option? I heard it's completely free and handles investment forms, but I'm wondering if it's user friendly.

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Yuki Nakamura

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I used Cash App Taxes last year for my returns including some stock sales. It was completely free and handled Schedule D without issues. The interface isn't as polished as TurboTax, but for free you can't complain! It asks straightforward questions and walks you through everything. Definitely recommend for simple-to-moderate tax situations with some investment income.

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One thing nobody's mentioned yet is that you should check if your state has income tax at all before worrying about this. I spent hours researching how my state return would work with Direct File only to remember that I live in Florida and we don't even have state income tax πŸ€¦β€β™€οΈ

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Ava Williams

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Lol I did the same thing when I first moved to Texas! But there are still 9 states with no income tax right? Florida, Texas, Washington, Alaska, Nevada, South Dakota, Wyoming, New Hampshire (only on dividends and interest), and Tennessee if I remember correctly.

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You're right, there are 9 states with no income tax. Florida, Texas, Washington, Alaska, Nevada, South Dakota, Wyoming are fully income-tax free. Then New Hampshire only taxes investment income but not wages, and Tennessee phased out their tax on investment income so it's now completely income-tax free too. It's amazing how many people in these states still worry about state returns! The Direct File confusion is only relevant if you actually have to file a state return in the first place.

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Raj Gupta

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Has anyone used direct file with income from multiple states? I have my main retirement and SSA-1099 in Florida (no state income tax), but I also have a small rental property in Georgia that generates some income. Will direct file handle this correctly?

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I had a similar situation last year with property in two states. Direct File isn't great for multi-state situations in my experience. It'll handle your federal return fine with the SSA-1099 and rental income, but for the Georgia state return, it gets complicated. When it transfers data to Georgia's system, it might not properly allocate which income is subject to Georgia tax vs what's exempt. I ended up using a paid preparer for this specific situation.

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