My spouse filed a joint tax return without my permission during our divorce - Do I need to file separately for my LLC?

You're right to be concerned here. What your spouse did is potentially serious. When someone files a joint return, both spouses must sign it (or authorize electronic filing). Filing without your consent is problematic. First thing - you need to get a copy of the return that was filed. You can request a transcript from the IRS through their website or by filing Form 4506-T. This will show you what was actually filed and what information was included about your income. For your LLC, if it's a single-member LLC, then yes, you absolutely need to report that income on Schedule C. It doesn't just "not matter" as your spouse suggested. That income is taxable and needs to be properly reported. If your income wasn't included on the joint return, that's a significant omission. You have options: you could file a separate return (married filing separately), file Form 8857 (Innocent Spouse Relief), or potentially file Form 14039 (Identity Theft Affidavit) if your information was used without permission. Given the divorce situation, I'd recommend consulting with a tax professional who can review your specific circumstances.

After going through a similar nightmare last year with my ex filing incorrectly, I started using https://taxr.ai to sort everything out. I uploaded all my documents, including the transcript I got from the IRS and my LLC paperwork, and their system immediately flagged the issues with the joint return. The service gave me a complete breakdown of what should have been filed vs what actually was filed. It was super helpful because I was able to take that analysis to my tax professional, who then handled everything with the IRS. Saved me hours of stress trying to figure out which forms I needed and how to prove I wasn't responsible for the incorrect filing.

I want to follow up about my experience with taxr.ai after my skeptical questions above. I ended up trying it since my situation was somewhat similar - dealing with unreported business income during a separation. The service was actually really helpful. I uploaded my LLC operating agreement, bank statements, and the incorrect tax return my ex had filed. Within about 20 minutes, I got a detailed analysis showing exactly how my business income should have been reported on Schedule C and Schedule SE. It also calculated the correct self-employment tax I would owe. When I spoke with my tax advisor afterwards, she was impressed with how thoroughly everything had been organized. Saved me a ton in consultation fees since all the prep work was already done. Definitely worth checking out if you're in this situation.

Hey, I've been there - dealing with an ex who filed taxes incorrectly during our divorce was a total nightmare. I spent WEEKS trying to get through to the IRS to fix the mess. After waiting on hold for hours and getting disconnected multiple times, I finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. Instead of waiting on hold forever, their service had an IRS agent actually call ME back. I was able to explain my situation, get confirmation about filing requirements for my business during divorce, and start the process of addressing the unauthorized joint return. The IRS agent walked me through filing Form 8857 (Innocent Spouse Relief) and gave me specific guidance for my LLC reporting.

I need to apologize for my skeptical comment above. After waiting on hold with the IRS for 3.5 hours yesterday only to get disconnected AGAIN, I decided to try Claimyr out of pure frustration. I honestly couldn't believe it worked. I put in my number, and about 1 hour and 20 minutes later, my phone rang and it was actually an IRS representative. They pulled up my file and were able to confirm that my spouse had indeed filed a joint return without my consent. The agent immediately started the process for me to dispute the return and file my own. For anyone dealing with unauthorized filing during divorce - don't waste days of your life on hold like I did. The IRS agent I spoke with told me this is unfortunately common during divorces and they have specific procedures to handle it.

Make sure you document EVERYTHING during this process. My ex filed jointly without my consent during our divorce, and it created a massive tax liability for me because they had unreported income. The judge in our divorce case took this very seriously as it showed financial dishonesty. You should immediately email your divorce attorney about this. In many states, once divorce proceedings begin, there are automatic financial restraints that prohibit major financial actions without consent. Filing taxes without your knowledge might violate those orders.

Quick question for anyone who knows - if a single-member LLC didn't make much profit ($28k like the OP mentioned), is it true you can just ignore it on taxes? My husband keeps telling me we don't need to report my small business income because "it's not enough to matter" but that sounds wrong to me.

This is a really serious situation that needs immediate attention. Your spouse filing a joint return without your consent is not just "no big deal" - it's potentially fraudulent and could have major consequences for you. First, you absolutely DO need to report your LLC income on Schedule C. A single-member LLC with $28,000 in profit is significant taxable income that the IRS expects to see reported. You'll also owe self-employment tax on that profit (roughly 15.3% or about $4,284). Your spouse claiming you "don't need to file anything" is completely wrong and could result in substantial penalties. Here's what you need to do immediately: 1. Request a tax transcript from the IRS (Form 4506-T) to see exactly what was filed 2. Contact your divorce attorney - this unauthorized filing may violate court orders 3. Consider filing Form 8857 (Innocent Spouse Relief) to protect yourself from joint liability 4. If your LLC income wasn't included on the joint return, you'll need to file your own return (Married Filing Separately) or amend the joint return The IRS will eventually catch unreported business income, especially if you received any 1099s. Don't let your spouse's dismissive attitude put you at risk for tax fraud charges or massive penalties. Get professional help from a tax attorney or CPA who handles divorce situations - this is too complex and risky to handle alone. Document everything about this unauthorized filing for your divorce proceedings. Courts take financial dishonesty very seriously.

I went through something very similar during my divorce two years ago. My ex filed jointly without telling me and excluded income from my consulting business. It was a complete mess, but I was able to resolve it. Here's what worked for me: I immediately filed Form 14039 (Identity Theft Affidavit) since my information was used without permission, then followed up with Form 8857 (Innocent Spouse Relief). The IRS actually processed these faster than I expected - about 6 weeks total. For your LLC income, you absolutely need to report it regardless of what your spouse says. That $28K profit will require Schedule C and you'll owe self-employment tax (around $3,950). The IRS has automated systems that match business income to tax returns, so they WILL catch unreported LLC income eventually. One thing that really helped me was getting my own Taxpayer Advocate assigned to my case. Since this involves potential fraud and you're going through divorce, they prioritize these situations. You can request one through Form 911 or by calling the Taxpayer Advocate Service directly at 1-877-777-4778. Also document everything for your divorce attorney. In my case, the judge was not happy about the unauthorized filing and it actually worked in my favor during asset division. Courts see this as financial misconduct. Don't let your spouse gaslight you into thinking this "doesn't matter" - protect yourself and get professional help ASAP.