Legal Question in Tax Law in Ohio

Non filing of tax returns

My husband is the owner of a business. It is not a corporation. I work at the business but am not an owner. I found out he did not a 1040 tax return for us. Am I legal responsibly? This is our only source of income.


Asked on 7/02/08, 12:59 pm

2 Answers from Attorneys

Howard Levy Voorhees & Levy LLC

Re: Non filing of tax returns

If you file joint tax returns, you can be held jointly liable with your husband for his taxes.

To avoide this, file separate returns. If you file separate tax returns, you will be responsible only for taxes on any income you earned. Your husband will be separately responsible for taxes on his income. Since your husband is the sole proprietor, not you, his income would go on his separately filed return, Schedule C.

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Answered on 7/02/08, 1:40 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Non filing of tax returns

First, you and your husband should talk with a tax and business attorney. Issue number one is whether the business is formed correctedly. Also, are the books and records being kept properly. If so, why hasn't the tax return been filed?

I hope this helps!

Ron Cappuccio

http://www.TaxEsq.com

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Answered on 7/03/08, 10:12 pm


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