US TAX

[homeatlast 0]

I left the US Citizen I married after only 3 months. He treated me so badly that I ended up in Intensive Care - say no more. I could not return to England for quite some time as I was literally stranded. Some friends in England sent me money to survive on and I ended up in a Motel. I actually made some genuine friends there. I married him in March 2005, left him in June 2005 and came home in March 2006. We are not divorced or even legally separated - I do not have the money to pay for divorce. I did not have a green card and no SSN so obviously I could not work whilst in the US. I need to know the following if anyone could please help:-

1. Can he claim me as a dependant on his taxes.

2. Am I liable in any way for any tax he may owe, either in his personal taxes or his business taxes (he is President of an incorporated company)

I was under the impression that once someone marries in the US, then both become liable for any monies owed but perhaps I am wrong.

Thank you for any help you can give. I don't know if I posted this in the correct section.

[I'm Gone 60]

I can tell you spouses are never a dependent. He would need to file taxes as married to get deduction for you and would need an SSN or ITIN for you. You say you don't have and SSN and he would need some of your documents to be issued an ITIN from the IRS, so I would say the chances of him getting a deduction for you and filing as married are pretty slim.

[Yodrak 7]

And he would need your signature on the joint tax return. Which if you did might make you liable for any taxes owed, but if he forged your signature I doubt you could be held liable and he'd have another problem.

I can tell you spouses are never a dependent. He would need to file taxes as married to get deduction for you and would need an SSN or ITIN for you. You say you don't have and SSN and he would need some of your documents to be issued an ITIN from the IRS, so I would say the chances of him getting a deduction for you and filing as married are pretty slim.

[clloyd 0]

I can tell you spouses are never a dependent. He would need to file taxes as married to get deduction for you and would need an SSN or ITIN for you. You say you don't have and SSN and he would need some of your documents to be issued an ITIN from the IRS, so I would say the chances of him getting a deduction for you and filing as married are pretty slim.

Not true

from http://www.irs.gov/publications/p17/ch02.html#d0e8896

If you file a separate return, you generally report only your own income, exemptions, credits, and deductions on your individual return. You can claim an exemption for your spouse if your spouse had no gross income and was not the dependent of another person. However, if your spouse had any gross income or was the dependent of someone else, you cannot claim an exemption for him or her on your separate return.

Edited October 7, 2006 by clloyd

[desert_fox 32]

I would just forget about like it never happened. Dont pay a dime to anyone. Let him worry about it.

No one will be looking for you.

[payxibka 10,045]

I would just forget about like it never happened. Dont pay a dime to anyone. Let him worry about it.

No one will be looking for you.

I am fairly certain that based on your facts even if there was an individual tax problem (which are technically jointly and severably liable) there are cases where a claim has ben made by the "innocent" spouse and the courts have held that the spouse is not liable. So while not completely off the hook you probably are OK.

Typically an incorporated company is in the eyes of the IRS a seperate taxpyer and individuals are not responsible for those claims. There are a few circumstances that could occur where the protection offered by the corporation can be "pierced" (mostly tax claims) and the individuals ends up with some liability. Again these are rare but they do occur.

I'd like to tell you that you are 100% in the clear but since I am working with a limited set of facts I cannot.

[desert_fox 32]

I would just forget about like it never happened. Dont pay a dime to anyone. Let him worry about it.

No one will be looking for you.

I am fairly certain that based on your facts even if there was an individual tax problem (which are technically jointly and severably liable) there are cases where a claim has ben made by the "innocent" spouse and the courts have held that the spouse is not liable. So while not completely off the hook you probably are OK.

Typically an incorporated company is in the eyes of the IRS a seperate taxpyer and individuals are not responsible for those claims. There are a few circumstances that could occur where the protection offered by the corporation can be "pierced" (mostly tax claims) and the individuals ends up with some liability. Again these are rare but they do occur.

I'd like to tell you that you are 100% in the clear but since I am working with a limited set of facts I cannot.

she aint talking about corporate income tax....thats a corporation issue. She is talking about their joint personal return.

[payxibka 10,045]

I would just forget about like it never happened. Dont pay a dime to anyone. Let him worry about it.

No one will be looking for you.

I am fairly certain that based on your facts even if there was an individual tax problem (which are technically jointly and severably liable) there are cases where a claim has ben made by the "innocent" spouse and the courts have held that the spouse is not liable. So while not completely off the hook you probably are OK.

Typically an incorporated company is in the eyes of the IRS a seperate taxpyer and individuals are not responsible for those claims. There are a few circumstances that could occur where the protection offered by the corporation can be "pierced" (mostly tax claims) and the individuals ends up with some liability. Again these are rare but they do occur.

I'd like to tell you that you are 100% in the clear but since I am working with a limited set of facts I cannot.

she aint talking about corporate income tax....thats a corporation issue. She is talking about their joint personal return.

I beg to differ there smart guy. Please REREAD item 2. of the original post!!

[Yodrak 7]

clloyd,

I don't see anything in the text you quoted that says a person can claim their spouse as a deduction. It does talk about using one's spouse's exemption. Not the same thing, although there is a similar consequence.

Yodrak

I can tell you spouses are never a dependent. He would need to file taxes as married to get deduction for you and would need an SSN or ITIN for you. You say you don't have and SSN and he would need some of your documents to be issued an ITIN from the IRS, so I would say the chances of him getting a deduction for you and filing as married are pretty slim.

Not true

from http://www.irs.gov/publications/p17/ch02.html#d0e8896

If you file a separate return, you generally report only your own income, exemptions, credits, and deductions on your individual return. You can claim an exemption for your spouse if your spouse had no gross income and was not the dependent of another person. However, if your spouse had any gross income or was the dependent of someone else, you cannot claim an exemption for him or her on your separate return.

[clloyd 0]

It's not a deduction. It's an exemption amount.

[Yodrak 7]

clloyd,

Ahhh, OK - I see the nit you were picking. Agreed.

Yodrak

It's not a deduction. It's an exemption amount.