I do my nieces taxes and have for years. She got married this year. Her husband hasn't filed taxes for 10 years. Should she file married filing separately?

Forum|Forum|1 year ago
December 24, 2024
2 replies
0 views

She owns a home and they have been living together for many years. I came to my attention after they got married that he hasn't filed taxes for over 10 years. He just this year actually got a bank account. He has done things over all the years but I guess was either paid "under the table" or bartered. He is very skilled at cars so maybe bartered with work on cars. I'm not sure. But my niece has been paying taxes and filing her taxes. To keep her legit, I was thinking of suggesting that she files as married filing separately. Is this a variable option and if not, what options might she have or they both have?

Best answer by xmasbaby0

I am not sure how/why a tax attorney is not needed?

Again, I really don't believe he has kept any records and I know he hasn't filed Fed or states taxes let alone tax filings.

So this year, if I were to do an MFJ he wouldn't have any any income to show.

Please explain why and attorney wouldn't be necessary and especially for the last 10 or so years he hasn't filed? Maybe there is something I am missing.

@davis_mc

"He is one of these people that feels the government is too intrusive and feels he doesn't owe them anything. He feels he hasn't asked anything from them so he doesn't feel he owes them anything."

Good luck in dealing with that kind of thinking. It seems you truly care about your niece and want to help her. If she was unaware that her spouse had not filed tax returns for years, and this has come as a nasty surprise to her, then it is very disturbing---to you and surely to her. If she already knew this and chose to become legally wed to him anyway, that is a different story -- in my view.

But whatever she knew before the wedding--the reality is that she is now legally married to a person who has not filed a tax return in years, and he may continue to be very obstinate about doing so. She should seek some legal advice so that she fully understands the risk she is taking --- she could be held responsible for his debts if the IRS catches up to him. Clearly she is aware of the need to file tax returns, as evidenced by the fact that she has accepted your help in preparing returns for her in past years. So she abides by the law. She needs sound legal tax advice---way more than we can provide in this forum, and way more than you can provide to her. This might sound harsh--and it is just my view--- but if I were you, I would tell her to consult an attorney, bow out of preparing any future tax returns for her and wish the newlyweds the best of luck.

pk12_2

Employee

@davis_mc , your statement that he has opened a bank account implies that he has a tax id ( probably SSN ). In such a case, I would not look back but look at the future and how to bring him into compliance. Thus I would suggest filing MFJ and with all its benefits. This will have him contributing to SECA / FICA and this would be good for when they retire.

There are also other reasons for brining the person into compliance.

That is my view

davis_mcAuthor

Thanks. Yes, he does have an SSN but not a "job" per say. So, he doesn't have a W2. He gets paid like under the table or barter for services. That being said I don't think he even qualifies for any SSN when he gets older.

If I do a MFJ for my niece and him. Will that not get them potentially in trouble? Putting him into question/concern with the IRS?

VolvoGirl

Employee

If he keeps track of his "income" he should be filing as self employed on schedule C in their 1040 return. If he has a net profit he will earn social security credit. But he will owe Self Employment tax (FICA) on it.

pk12_2

Employee

@davis_mc as you have seen from post by my colleagues ( @VolvoGirl , @xmasbaby0 and @Mike9241 ) we are all urging generally the same treatment --- " bring him in compliance" and sooner than later. Personally I think with your help, they can get into compliance at least for the current year. What to do about the last 10 years is a different question -- whether he chooses to use a tax professional or visit the IRS office an seek advice or whatever is up to him. Obviously depends on the amount of his earnings for those years and when he comes clean , others may be implicated also ( depending on provable facts and circumstances).

If we have jointly satisfied your query please accept and thereby close this thread.