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What to do if someone files taxes as joint married when you got divorced last year?

So here's the situation and I need some advice. My ex husband divorced me in 2015 and it was official around july of last year. Well a lot of drama was caused by him. But recently I went to h and r block to file my taxes and they said I get nothing back because they were already filed as married filing jointly. So my name and everything was used. My bf read that he can get a fine of 250,000 and/or up to three years in jail for this. Is this accurate? What can I do about this situation? What would you do if this happened to you?

Update:

I would like some advice please!

Update 2:

I filed electronically by h and r block in texas.

6 Answers

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  • Anonymous
    5 years ago
    Favorite Answer

    I don’t want to be a party pooper, but all you know is that your SSN was filed already, you do not know WHO filed the return.

    1. It could be someone stealing your identity. The scammers thought it would be too hard for the IRS to intercept MFJ returns, so they would randomly list two people as married and file a return. The only way to find out is to call, sit on hold and ask. If this is the case, you file by mail WITH a form 14039 and a copy of your ID attached to the return.

    2. It could be your ex-husband who used the same (bad) preparer you used in 2014. They copied the data over and submitted the return before you ex-husband noticed. Some people are idiots and do not look at the tax return they file. Call him and ask. If it’s him, he amends and you file by mail.

    3. Unlikely, it could be the ex-husband doing it intentionally (file by mail) or someone who reversed some numbers in their SSN and got yours instead (file by mail).

  • 5 years ago

    That is tax fraud. You need to file a single return by mail. Include a copy of the divorce papers showing the resolution date, that will speed things up. Ex will pay back what he got erroneously plus penalties and interest.

  • 5 years ago

    You must file your taxes on paper, by mail. You cannot file them electronically. You may have to file them yourself, without using H&R Block, because many H&R Block locations only do electronically filing and can't or won't do a paper filing correctly.

  • tro
    Lv 7
    5 years ago

    file your return manually as single, IRS may eventually find both returns claiming the same SSN and very likely you both will have to prove your status, you have no problem with your divorce papers

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  • Judy
    Lv 7
    5 years ago

    Your bf is wrong. But you should file as single, claim yourself, mail in your return (which Block should have told you), and never take tax advice from your bf.

  • 5 years ago

    First off you were legally married in 2015 so filing married/jointly is not illegal. However, you should get part of the refund, and if you have worked (have a W2) that he did not include this is a problem. I would contact the IRS.

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