My husband and I are separated, we still file a joint return. We only have his income . I always prepare and file our taxes. This year his girlfriend efiled them without my knowledge. Is there anything I can do about this, or is it OK?
The form had to be signed electronically with a PIN, that I did not select.
He had me to sign a paper return, pretending to be mailing it in, after it had already been efiled. I didn’t know this at the time.
Technically, it is not ok. The return was signed using your AGI from the previous return. Ensure that you get your half of the refund which you are entitled to receive. If you don’t then file a paper return (in your case entering all zeroes) with a note attached that he filed without your consent. Married FIling Joint status is a much lower tax bracket than Married Filing Separate.
February 18th, 2010 at 1:34 pm
So, if you weren’t planning to file together, how did you file YOUR return?
The IRS takes a practical view on efiled returns. If they get just one joint return showing the W-2s for both spouses, they tend to view it as efiled by the parties named on it. If they get a joint return with just the husband’s W-2s and a separate MFS return with the wife’s W-2s mailed in, they tend to think something is up.
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February 18th, 2010 at 2:11 pm
If you did not intend to file a joint return with your husband for 2008 then it was illegal for him to file (or cause to be filed) a joint return.
You correct this by filing your own return as Married Filing Separately. Even if you have no income yourself this may be a wise idea since it clears you from any responsibility for any tax debts that result from the 2008 return.
When the IRS sees a joint return with your SSN on it and your separate return with your SSN on it (cross referencing his SSN) they will automatically investigate the matter. Your signed separate return — even if it shows no income and no tax due — is prima facie evidence of your intent to file separately and the IRS will accept it at face value. The only way that your husband could rebut that claim would be to provide a copy of a joint return signed by you that pre-dates the separate return and was actually filed before the filing deadline. (Joint returns cannot be amended to separate returns after the filing deadline except in cases where the original joint return was fraudulent — which the joint return would be in this case since you did not authorize it.) Since you never signed the joint return that cannot happen unless he forges your signature on a tax return. (And if he pulled that stunt he’d only be digging a deeper grave for himself with the IRS.)
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February 18th, 2010 at 2:45 pm
Whoever signed in your place did so illegally.
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February 18th, 2010 at 3:34 pm
His girlfriend cannot file a tax return with him.
You only say you are separated,not divorced,you name and SS# has to be on the joint return.
You will need to contact the IRS about this issue,there will most likely be an investigation of some sort,
They can pull up a copy of the tax return in question.
She could get prison time for it (tax fraud) and so could he if he knew anything about it - before or after the fact.
I think you can change the pin # anytime you want,the computers can’t tell the difference between you and her anyway.
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February 18th, 2010 at 4:08 pm
Technically, it is not ok. The return was signed using your AGI from the previous return. Ensure that you get your half of the refund which you are entitled to receive. If you don’t then file a paper return (in your case entering all zeroes) with a note attached that he filed without your consent. Married FIling Joint status is a much lower tax bracket than Married Filing Separate.
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The IRS office will help you.