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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.
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?
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.
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.
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.
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.
Isn't that technically tax fraud though? Even if it's a small amount? Not judging, just curious about the potential consequences.
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.
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.
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.
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.
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?
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.
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.
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.
I've been running an LLC with my brother (electrical contractors) for about 7 years. Definitely go LLC over LLP for construction. Two big reasons: 1) Better liability protection in most states and 2) More flexibility as your business grows. We started as partnership taxation but switched to S-Corp after hitting about $175k in profit to save on self-employment taxes.
How complicated was it to switch from partnership to S-Corp taxation? Did you have to create a new entity or just file some paperwork? Also, ballpark, how much did you save in taxes by making the switch?
The switch wasn't that complicated - just filed Form 8832 to be taxed as a corporation and then Form 2553 for the S-Corp election. Didn't need to create a new entity at all. The LLC remained the same, just the tax treatment changed. As for savings, it varies based on profit levels, but we probably saved around $15,000-$20,000 in self-employment taxes the first year after switching. The key is paying ourselves reasonable salaries (which are subject to FICA taxes) and taking the rest as distributions (which aren't). Just make sure you have a good accountant to help determine what's "reasonable" for your industry and area.
One thing nobody's mentioned - check your state laws! I'm in California and the LLC fees are ridiculous compared to other states. We pay an $800 minimum annual tax PLUS a gross receipts fee that scales up to like $12k for higher revenue businesses. Might impact your decision if you're in a state with high LLC fees.
Nevada is way better for LLCs if you can establish a presence there. No state income tax and way lower fees. That's what my cousin did with his construction business after getting killed with California fees for years.
GalacticGuardian
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
ā¢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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Mateo Gonzalez
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
ā¢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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