Soon to be ex put my name and ss# on 1099 form

[Msteve]

What is the name of your state (only U.S. law)? texas

just found out my soon to be ex-husband put his small business in my name. DBA-his name, business bank acct-his name, 1099-my name. Am I responsible for the taxes. Am I legal owner of the business? How could this potentially help/hurt me in the divorce?? Thank you all for any input. I will be calling my lawyer tomorrow (mlk day today)

 

[LdiJ]

What is the name of your state (only U.S. law)? texas

just found out my soon to be ex-husband put his small business in my name. DBA-his name, business bank acct-his name, 1099-my name. Am I responsible for the taxes. Am I legal owner of the business? How could this potentially help/hurt me in the divorce?? Thank you all for any input. I will be calling my lawyer tomorrow (mlk day today)

Did HE issue a 1099 in your name, or did a business he did work for issue a 1099 in your name? If its the former, you need to make a serious complaint to the IRS. If its the latter, then you need to make a serious complaint to the company that issued the 1099, and tell them that if they do not correct it, that you will be making a serious complaint to the IRS.

Unless you and he file a joint tax return, (which I would not recommend doing at this point since who knows what all he did) it would hurt you quite badly on taxes, which is why its so important that you get it cleared up ASAP.

 

[Bali Hai]

Did HE issue a 1099 in your name, or did a business he did work for issue a 1099 in your name? If its the former, you need to make a serious complaint to the IRS. If its the latter, then you need to make a serious complaint to the company that issued the 1099, and tell them that if they do not correct it, that you will be making a serious complaint to the IRS.

Unless you and he file a joint tax return, (which I would not recommend doing at this point since who knows what all he did) it would hurt you quite badly on taxes, which is why its so important that you get it cleared up ASAP.

Since you advise her not to pay her marital share of taxes on the business, I assume you will be also advising her to relinquish any interest (if any) she has in the business.

 

[Zigner]

Since you advise her not to pay her marital share of taxes on the business, I assume you will be also advising her to relinquish any interest (if any) she has in the business.

I'm not sure how you reached the conclusion that the OP was being advised to not pay the proper taxes...

 

[Bali Hai]

I'm not sure how you reached the conclusion that the OP was being advised to not pay the proper taxes...

Unless you and he file a joint tax return, (which I would not recommend doing at this point since who knows what all he did) it would hurt you quite badly on taxes, which is why its so important that you get it cleared up ASAP.

See above. I read that to mean that OP's stbx gets stuck with the whole tax bill on the business. Correct me if I'm mistaken.

 

[Zigner]

Unless you and he file a joint tax return, (which I would not recommend doing at this point since who knows what all he did) it would hurt you quite badly on taxes, which is why its so important that you get it cleared up ASAP.

See above. I read that to mean that OP's stbx gets stuck with the whole tax bill on the business. Correct me if I'm mistaken.

That's just a recommendation on filing status

 

[Msteve]

He only had 1 client he did work for. He gave them my ss# and they issued 1099. I'm assuming he did this to "hide income" to avoid child support. I tend to pick real winners.

We are separated but not divorced. I was planning to file head of household under the "considered unmarried" clause. I have 2 children (he and I have no children together). I know what he makes from this client. If I pay the taxes can I then request the profits in court (or half) If he figures out this will cost him money he'll just go get a new dba (the 1 client is his friend) He doesn't know that I know this. If call the company who issued the 1099 & demand they fix it can I still request my "interest in the business" in the divorce?

 

[LdiJ]

He only had 1 client he did work for. He gave them my ss# and they issued 1099. I'm assuming he did this to "hide income" to avoid child support. I tend to pick real winners.

We are separated but not divorced. I was planning to file head of household under the "considered unmarried" clause. I have 2 children (he and I have no children together). I know what he makes from this client. If I pay the taxes can I then request the profits in court (or half) If he figures out this will cost him money he'll just go get a new dba (the 1 client is his friend) He doesn't know that I know this. If call the company who issued the 1099 & demand they fix it can I still request my "interest in the business" in the divorce?

If he does work for only one client, then there is no "business" for you to have an interest in. Sure you can still try to claim an interest in the divorce, but its basically not worth anything. Any business that cannot continue to function without the principal person doing all the work, is not really a "business". If he had a plumbing repair business with lots of employees its one thing...but him simply working for someone as an independent contractor, not so much

You absolutely SHOULD complain to the person who issued the 1099. You absolutely should make it clear that you will make serious complaints to the IRS if they do not correct that 1099, immediately.