Getting divorced - wife won't give SS# or sign return

SInce they are married, they file either MFJ - which does not work here since spouse will not agree, or file MFS.

He files Married, Filing Separately. Since he doesn't have her SSN he'll have to file a paper return.

Phil Marti VITA/TCE Volunteer Clarksburg, MD

He can make her a "friend" on Facebook, send her a spam offer, or just look her up on Google. SS#s are all over the Web.

Chip

The divorce attorneys should have specified that she will file jointly.

Most of the time, the "irritated" spouse agrees because the combined taxes are lower and the parties usually agree to split the "gain."

Remember that she will have to MFS also and it will increase her taxes.

Even if he had her SSN, it wouldn't help, she still has to sign the return.

The SSN is required for MFS returns too.

A different take on that issue from a retired revenue officer. I always advise people to file MFS if it looks like divorce is coming, even if it costs a little more now. "Do you really want to be tied potentially to that [ugly name of your choice] for another 13 years?"

Phil Marti

On 04/10/11 9:47 PM, sometime in the recent past Wilson posted this:

I called the IRS today. This is a young couple. She didn't work and made no income and had no unearned income either. Since she refuses to sign the return, MFJ is out as is her prerogative or any party to a marriage not to sign a joint return if they don't want to.

Since she refuses to sign or give her SS (they are paying in, so there is no refund to share and she avoids her tax liability by refusing,) the IRS said he should file MFS and if she didn't file and nobody claims her as a dependent (since he supported her for the year, her parents can't claim her,) then he can claim her as a dependent.

Then if the IRS calls him on the omission, they will proceed to threaten him with a $50.00 fine ($100.00 if the omission was intentional and in was control.) When the IRS calls him, then he can explain that it was she that refused and then they can go after her for the $50.00 and likely get it.

So his best bet is to present her with this fact first and maybe she'll supply the SS# and avoid the fine.

Thanks for the help.

I'm guessing 3 year assessment statute plus 10 year collection statute.

couple married in Jan. 2010 are soon to be divorced. They lived

It takes a SSN to claim a dependent, too. And what tax liability does she have if she had no income? His supporting her may or may not have an impact on whether her parents can claim her as a dependent depending upon facts you haven't shared and the precise accuracy of facts you did share.

What fine? As noted way earlier in this thread, the soon to be ex- husband files a paper return with an attached explanation of the missing SSN. You and this kid both need to get on with your lives.

For efiling. Paper filing without Spouse SSN happens every day and I've never seen one get bounced back.

The last time I researched this, there is a $50 penalty for not providing the SSN of a spouse when filing married separately.

That penalty can be abated for good cause.

It is even messier in a community property state: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. There, for MFS, you essentially divide the income, withholding, and deductions equally between the two spouses. So the spouses each would owe half of the tax bill.

Dave

Phil Marti

Since this is both the first and last year of marriage, I'd venture to say that perhaps there was no community, and thus no split needed.

The # is still required. The IRS has simply been too lazy to hand out $50 penalties for failure to include the TIN.