2016 tax filing

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2016 tax filing

Unread postby Data » Sun Jun 18, 2017 7:07 pm

My STBX has her own business. She has always filed business taxes with our personal filing. For over 20 years she used my over-payment to the feds as a savings account. She writes off as much as she can to make her business show no profit. Then when our refund came, I never saw it. To shorten thus and get to my question and I'm pretty certain I know what I'm going to hear. I presented the Petition for Divorce to her 6/17/17. She has not filed our 2016 taxes. If I go ahead and file separately, I'll owe $3917. Should I file or wait for her to file jointly? She was on the fence of filing jointly. She earned much more in 2016 than in years past and I don't believe she will be able to write off enough to show no profit. Did I give enough info for advice?
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Re: 2016 tax filing

Unread postby grandet2 » Mon Jun 19, 2017 7:53 am

Options:
1. If she refuses file a motion and get an order for her to file right away
2. Share refund with you
3. File separate but still do #1 and #2
4. Most important - ask her to provide you a statement from the IRS which shows her Estimated Tax payments for 2016, this will show how much money she has stashed away.
“A woman worries about the future until she gets a husband, while a man never worries about the future until he gets a wife.”
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Re: 2016 tax filing

Unread postby Havalu7 » Mon Jun 19, 2017 9:24 am

Or how much she said (reported) to the IRS she stashed away.
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Re: 2016 tax filing

Unread postby Karl j » Mon Jun 19, 2017 8:22 pm

Your options are to file married filing joint or married filing separate. Has she filed as married filing separate? Did you guys imitemize in the previous year?
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Re: 2016 tax filing

Unread postby Karl j » Mon Jun 19, 2017 8:23 pm

And it's going to be to your benefit to file as married filing joinr
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Re: 2016 tax filing

Unread postby Data » Mon Jun 19, 2017 9:38 pm

I know it would have been to my benefit to file jointly. I kept on her to file and put off serving her as long as I could. She was in no rush as her income went way up and she is still looking for things to write off. I won't be a part of her fraud any longer. I won't be held responsible going forward. It'll cost me 4k + penalty & interest but I will be on my own hopefully soon anyway. I'm filing tomorrow night.
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Re: 2016 tax filing

Unread postby Tom Kirkpatrick » Mon Jun 19, 2017 10:12 pm

Data wrote:For over 20 years she used my over-payment to the feds as a savings account......when our refund came, I never saw it.
Whose savings account??

Correction: When her refund came.....

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Re: 2016 tax filing

Unread postby Fatheroffour » Tue Jun 20, 2017 4:31 am

Our overpayment, our refund.
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Re: 2016 tax filing

Unread postby Data » Tue Jun 20, 2017 10:00 am

Yes she has always itemized. She has never kept up with it throughout the year, so it was a lot of work getting everything together to file. I believe she viewed the refund as payment for the time it took her to get everything together. Like she was doing 'us' a favor. I view it as a part of running your own business. I also agree it should have been 'our' refund but for years we were doing well financially and I never reigned in her spending habits. I have no idea what happened to the refund for many years and it should have been used to pay down credit cards. In 2014 I increased my exemptions slowly over time so our refund would not be as large. I never noticed my Federal withholding dropped to $0. So for 2015 if I filed separately I would have owed roughly $3800. She was on the fence how to file for 2016 bc I paid no Federal and her income went up considerably. So much that she will not be able to write off enough to get 'us' a refund. She kept saying "if we file jointly you will owe" and I kept correcting her with "we will owe if WE file jointly". I am filing this week and will owe $3917. If and when she files, she will most likely owe well over $5k. My separate filing will raise what we would have owed together tremendously for her (now having to file separately) and she doesn't understand that. Add her cost of a divorce attorney?.....foot to the jugular? I'm through arguing with her about how to do what. I'm gonna suck it up and pay my taxes, penalty, late fee and interest.
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Re: 2016 tax filing

Unread postby Data » Wed Jun 21, 2017 11:54 pm

I have filed 2016. I owe feds $3807. I owe State a little over $100. She will now know I am serious about filing taxes and my divorce if she hasn't figured it out yet. I'm too old to play games anymore. She'll get her portion of my investments and we will be divorced. My taxes will never be late again.
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