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Discovered spouse owes $300k+ in back taxes - what options do we have?

I'm in complete shock right now. My husband and I got married last fall, and I just discovered he hasn't filed taxes in over a decade. This bombshell came out when we were discussing housing options for our move next month. I asked why we're renting instead of buying, and that's when he dropped this financial nightmare on me. For about 8 years he was running his own business consulting firm as a self-employed person. Then from 2018-2021, he earned about $125k base salary at a private equity firm where he's now a partner (the firm manages about $400 million in assets), but he was also making an extra $7-12k monthly from side consulting work. He's also heavily involved in cryptocurrency trading which generates a significant portion of our income. Based on some quick calculations, we're estimating he owes at least $300k in back taxes, but honestly, it could be substantially more when penalties and interest are factored in. The most baffling part? He's completely unbothered by this situation! He casually mentioned he'll "set up a payment plan or something" after we finish moving, like it's just a minor inconvenience. Meanwhile, I'm panicking thinking about potential bank account seizures, asset forfeiture, or worse - criminal charges! I'm especially concerned about my own exposure here. I have zero income as a graduate student, completely depend on him financially, share his bank account, and use his credit card for all my expenses. How bad is this situation really? What options do we have? Can the IRS come after me too for his tax issues? And how on earth has he managed to fly under the radar for this long? Please tell me there's a way through this that doesn't completely destroy our lives!

I'm actually a former IRS revenue officer, and I need to correct some misconceptions here. First, the IRS doesn't typically "come after" people in the dramatic way many fear. There's a process: 1. They'll first send notices about unfiled returns 2. They may create Substitute for Returns (SFRs) based on income reported to them (which often results in higher tax bills) 3. They'll send notices of assessment and demand for payment 4. Only after multiple notices and opportunities to resolve would they move to collection actions For a case this complex with self-employment and cryptocurrency, your husband absolutely needs a tax attorney who specializes in back taxes and potentially an accountant who understands crypto taxation. These should be separate professionals with different specialties. The good news: the IRS has numerous programs for taxpayers with significant back taxes, including Installment Agreements, Offers in Compromise, and Currently Not Collectible status. Criminal prosecution is rare and typically reserved for cases involving active fraud, not just non-filing.

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Anita George

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Would the IRS be likely to accept an Offer in Compromise in a situation like this where the person clearly had the means to pay taxes but chose not to file for years? I've heard they're much stricter with voluntary non-compliance versus someone who had legitimate financial hardship.

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You raise an excellent point. OIC acceptance rates are significantly lower for voluntary non-compliance cases, especially involving high earners. The IRS considers the taxpayer's history of compliance, current financial situation, and future ability to pay. Someone earning $125k+ with additional consulting income and crypto profits would have a harder time proving they can't pay their full liability. However, it's not impossible. The key factors would be: 1) demonstrating genuine inability to pay the full amount within the statutory collection period, 2) showing exceptional circumstances that make full payment create economic hardship, and 3) having clean compliance going forward. Given his partner status in a $400M private equity firm, he'd need to show that his current net worth and earning potential genuinely can't support full payment. Installment agreements are much more likely to be approved, though with his income level, the IRS would expect substantial monthly payments. The silver lining is that voluntary disclosure often works in the taxpayer's favor for penalty abatement arguments, especially if done before IRS contact.

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As someone who went through a similar discovery with my ex-husband (though thankfully not as large), I want to emphasize that your feelings of panic are completely valid, but this situation is manageable with the right approach. The key thing to understand is that the IRS has likely already started creating substitute returns for your husband based on the income reported to them via W-2s and 1099s. These substitute returns assume no deductions and often result in much higher tax bills than what he would actually owe if he filed proper returns. This means time is genuinely of the essence. I'd strongly recommend taking these steps immediately: 1. Get a power of attorney prepared so you can speak with the IRS on his behalf if needed (your husband's casual attitude suggests he might not prioritize this) 2. Start gathering ALL financial records - bank statements, investment accounts, crypto exchange records, business expenses, everything 3. File for an extension on 2023 taxes to buy some time while you get professional help The innocent spouse relief others mentioned is real, but it has strict requirements and deadlines. Don't wait to explore this option. Also, consider that your husband's nonchalant attitude might indicate this problem is even larger than he's admitting to you. You're right to be concerned about asset seizure, but the IRS typically works with taxpayers who are making good faith efforts to resolve their situations. The key is starting that process NOW, not after your move.

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W-4 Withholding Help for Married Filing Jointly When Both Spouses Work with Income Disparity

Hey everyone, I'm freaking out a bit about our tax situation and need some W-4 advice. My husband and I just started preparing our 2023 return and looks like we're going to owe around $8k in taxes - yikes! I now realize I only checked the "married filing jointly/both work" box on my W-4 but didn't adjust the actual withholding amounts. I just used the W-4 calculator with both our incomes and it's saying we need about $13k additional withholding annually? That seems crazy high! For context: - My income: $135k salary plus roughly $25k in yearly bonuses (varies) - Husband's income: $85k salary with maybe $5k in bonuses max I'm not 100% sure what his W-4 says but I think he just checked the "both spouses work" box too without any additional withholding. We file married filing jointly. Does he also need to update his W-4 or just me? Having an extra $13k withheld would seriously impact our monthly budget. Is there any way to make this less painful? Also worth mentioning - I had 3 different employers in 2023. Left my 2022 job in early 2023, started a new one, quit after a couple weeks, then started my current position last February. My husband stayed at the same company all year. That job-hopping probably contributed to our current tax mess, but I want to avoid this situation for 2024/2025. One last question - if he earned more money, would our combined tax bill actually be lower? Thanks for any help!

Carmen Vega

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Just want to add one more tip that helped us with a similar income disparity. If you're trying to avoid a huge tax bill but don't want to significantly reduce your monthly take-home pay, consider adjusting your W-4 withholding for just your bonus amounts. My husband and I have about a $55k income difference. Instead of having more withheld from every paycheck, we set our regular withholding correctly using the IRS calculator, but then elected for maximum withholding (22%) on all bonuses. Since you mentioned getting around $30k combined in bonuses, having the maximum withheld from those would cover a significant portion of your underwithholding without affecting your regular paychecks.

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Zara Mirza

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That's a really interesting approach I hadn't thought of! Do you just talk to your payroll department to set a different withholding rate specifically for bonuses? And does the 22% apply automatically or do you have to request it?

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Carmen Vega

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You can talk to your HR or payroll department about this - most larger companies have options for bonus withholding that are separate from regular paycheck withholding. Many will default to a flat 22% supplemental wage withholding rate, but you can usually request a higher percentage if needed. Some employers let you specify this choice when bonuses are announced. For my company, I just submitted a form indicating I wanted the maximum withholding percentage applied to supplemental wages (bonuses, commissions, etc.). The 22% is actually the default federal withholding for supplemental wages up to $1 million, but you can request more. For us, requesting 30% withholding on bonuses (22% federal plus extra for state) meant our regular paychecks weren't affected much, but we still covered our additional tax liability.

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One more thing nobody has mentioned - if u already know ur gonna owe for 2024 and dont want to change ur withholding too dramatically, u can make quarterly estimated tax payments directly to the IRS. This way your paychecks stay about the same but you avoid a big bill (and possibly penalties) at tax time. For us, we decided to have a little extra taken out of each paycheck (about half of what was recommended) and then we make quarterly payments for the rest. Feels less painful to spread it out this way. The payment vouchers are on form 1040-ES and due dates are typically April 15, June 15, Sept 15, and Jan 15 of the following year.

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Andre Moreau

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Don't you get charged a penalty if you only pay quarterly instead of having it withheld throughout the year from your paycheck?

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Khalid Howes

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No penalty as long as you meet the safe harbor rules! You just need to pay either 90% of the current year's tax liability OR 100% of last year's tax liability (110% if your prior year AGI was over $150k). Since you already owe $8k for 2023, if you make sure your 2024 withholding plus quarterly payments equal at least what you paid in total taxes for 2023, you're safe from penalties. The IRS doesn't care whether the money comes from paycheck withholding or estimated payments - they just want it paid timely. The quarterly approach can actually be better for cash flow management, especially if you have variable income from bonuses like the OP mentioned.

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Nia Thompson

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One thing to consider - the IRS has been putting extra scrutiny on ERC claims lately, especially larger ones. The "issue" they mentioned might not even be related to the owners' tax debts, but could be part of their general enhanced review process. Some specific things they're looking at closely: - Whether the business actually had the required reduction in gross receipts - If government orders truly affected your operations - Whether the qualified wages were calculated correctly - If any owners/partners were improperly included in the wage calculations It might be worth preemptively addressing these points if you haven't already, rather than assuming it's about the personal tax debts.

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This is spot on. My firm has handled dozens of ERC claims, and the IRS is definitely doing enhanced reviews on claims over $500K. They're particularly focused on documentation for the "partial suspension of operations" qualification path, which is much more subjective than the gross receipts test.

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That's a really good point I hadn't considered. We did qualify based on the partial suspension rules rather than the gross receipts test, so maybe that's triggering additional review. Our operations were definitely impacted by government orders, but we might need to strengthen our documentation on exactly how and to what extent.

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I went through a very similar situation last year with our partnership's ERC claim. We had a $900K claim stuck for 10+ months, and one of our partners owed about $400K in personal taxes. The IRS initially flagged our claim for what they called a "nominee review" - essentially checking if the business was being used to avoid personal tax collection. What ultimately resolved it was providing detailed documentation showing: 1. The partnership operated as a legitimate separate business entity 2. All payroll and business expenses were paid from business accounts 3. The partner with tax debt had no check-signing authority on business accounts 4. We maintained proper corporate formalities (partnership meetings, separate books, etc.) We also had to submit a formal statement explaining that the ERC was earned by the business entity through legitimate qualified wages paid to employees, completely separate from any partner's personal tax situation. The whole process took about 4 additional months after we submitted the extra documentation, but we did eventually receive the full credit. The key was demonstrating clear separation between the business operations that earned the ERC and the partner's personal tax issues. I'd recommend getting ahead of this by proactively submitting documentation that proves your business operates independently, rather than waiting for them to request it.

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I switched from simplified to regular method this year and found out you can actually deduct a portion of home repairs that benefit the entire house! I had my central AC replaced for $7,500 and got to deduct 18% of that cost (my office percentage). But be careful - if the repair only benefits personal spaces, you can't deduct any of it. Also, don't forget about these expenses for the regular method: - Property insurance - Security system - Cleaning services - HOA fees - Home maintenance

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Ravi Sharma

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This is super helpful! Can you deduct things like painting your office space? And what about internet - is that 100% deductible or just the home office percentage?

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You can absolutely deduct painting your office space! If it's just the office being painted, it's 100% deductible as a direct expense. If you're painting the entire house including your office, then you'd deduct your office percentage (like my 18% example). For internet, you generally deduct the business percentage, not 100%. So you'd claim your home office percentage (18% in my case) plus any additional business use beyond that. The IRS knows internet is used for personal purposes too, so claiming 100% would raise red flags unless you have a separate business-only internet connection.

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Mason Davis

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You're absolutely right about the math! In high-rent areas like yours, the simplified method rarely makes sense. I'm in a similar boat - paying $3,200/month rent in Seattle with 25% business use, so I'm looking at around $9,600 in rent deductions alone with the actual expense method. The main reason people choose simplified isn't because it's better financially, but because they're intimidated by the recordkeeping. You need to track and document every home-related expense throughout the year - utilities, insurance, repairs, etc. Plus you have to maintain floor plans and usage logs in case of an audit. But honestly, once you set up a simple spreadsheet or use accounting software, it's not that complicated. And the extra deductions are usually worth thousands more than the $1,500 cap. Just make sure you're using the space exclusively for business - that's the biggest audit trigger the IRS looks for.

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Ezra Collins

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This is exactly the kind of practical breakdown I was looking for! The recordkeeping aspect definitely seems manageable when you put it that way. Do you have any recommendations for specific accounting software that makes tracking home office expenses easier? I'm already using QuickBooks for my design business, but I'm not sure if it has good features for splitting home expenses by business percentage. Also, when you mention maintaining floor plans and usage logs - how detailed do these need to be? Like, do I need professional measurements or would a simple sketch with dimensions be sufficient for IRS purposes?

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Anyone know if a $0 conversion affects the 5-year rule for Roth IRA withdrawals? Like if I convert my empty Traditional IRA to Roth now, then make actual contributions in a few months, does the 5-year clock start now or when I make my first contribution?

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Raul Neal

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There are actually two different 5-year rules for Roth IRAs, and they work differently: 1. For qualified earnings withdrawals: This 5-year clock starts with your first contribution to ANY Roth IRA you own. So if this is your first-ever Roth IRA, the clock would start when you make your first actual contribution, not at the $0 conversion. 2. For converted amounts: Each conversion has its own 5-year clock for penalty-free withdrawal. But since you're converting $0, there's nothing to withdraw, so this particular rule doesn't really matter for your empty conversion. The key thing is that if you've ever contributed to a Roth IRA before, your 5-year clock for earnings has already started and carries over to any new Roth IRA accounts.

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Thanks for explaining that! So since I've never had a Roth before, my clock won't start until I actually put money in, even though the conversion happened earlier. That makes sense. And I guess the conversion-specific clock doesn't matter since I'm not converting any actual dollars right now.

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Savannah Vin

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Just to add another perspective here - I went through this exact situation last year and wanted to share what I learned. Even though you're converting $0, make sure to keep really good records of the conversion date and any paperwork from your custodian. The IRS likes to see a clear paper trail, especially for retirement account transactions. I'd recommend taking screenshots of your account before and after the conversion showing the $0 balance, and saving any confirmation emails or letters from your bank/brokerage. This documentation becomes super helpful if you ever need to prove the conversion happened and when it occurred. Also, double-check with your custodian about any fees for the conversion process itself. Some institutions charge administrative fees even for $0 balance conversions, which could actually result in a negative balance that you'd need to cover. Better to know upfront than get surprised later!

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