Announcement

Collapse
No announcement yet.

Filing Return, Missing One Form

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Filing Return, Missing One Form

    This is for TY 2011. I have a client that is separated from his wife. She gets a trust K-1. He is wanting to get their tax returns done but said she has not provided the K-1.

    I am not sure how smooth things are going with the separation but say she never does provided the K-1.

    From what I have found the options are to:

    Tell him to wait until August/September to see if she will provide the K-1.

    Get separate POAs and call IRS to get a copy of the K-1

    File form 8082 with the return with estimates.

    Does that cover all my options?


    Also questions on dealing with separations/divorces.
    I often will email clients the efile documents to sign. Often only one spouse will come to drop off the forms, pickup return, and pay me. Now with a separation/divorce situation should I insist the clients come to the office in person to sign?
    My thoughts are there is always a risk that one spouse could sign the other spouses name on the efile forms. Do not want to get into that mess.

    Thank you for any help
    D

    #2
    How about Married filing Separate! If they are going thru a divorce and she is not being co-operative with supplying documents, WHY would he want to file with her, or am I missing something?

    Comment


      #3
      He just left a message I have not called him back. I assume he is wanting to do MFJ since he mentioned her K-1. He may want to do MFS if she want give that form over... don't know.

      Going to give him a ring tomorrow. Just want to make sure I had everything right about the filing situation.

      Comment


        #4
        Obviously you know that if she will not sign a POA you won't be able to get a copy of the K-1. I agree that he should just file separately with his info and if she cooperates in the future they can 1040X to a MFJ.
        Believe nothing you have not personally researched and verified.

        Comment


          #5
          Good advice. Much simpler, cleaner, and beter for you.
          By the time everything is in to file the 1040X, their lawyers will have muddled things so much that it won't be necessary. In the long run it will save you lots of trouble and much CYA.
          "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

          Comment


            #6
            Well I guess a day can make a big difference. She got him the K-1 and they will be filing MFJ. I appreciate the posts because I did not even think of doing MFS and amending later. I will have to keep that on file.

            In regards to my other question about getting signatures on efile when they are separating/divorce. Is it best to get both of them to come by to sign in person? As I said I usually email this client the signature forms to sign and he drops them back off.

            Comment


              #7
              Originally posted by geekgirldany View Post
              Well I guess a day can make a big difference. She got him the K-1 and they will be filing MFJ. I appreciate the posts because I did not even think of doing MFS and amending later. I will have to keep that on file.

              In regards to my other question about getting signatures on efile when they are separating/divorce. Is it best to get both of them to come by to sign in person? As I said I usually email this client the signature forms to sign and he drops them back off.
              Since she now appears to be cooperating I would just do what you usually do and let him be responsible for getting the form signed so you can efile it.
              Believe nothing you have not personally researched and verified.

              Comment


                #8
                Originally posted by geekgirldany View Post
                In regards to my other question about getting signatures on efile when they are separating/divorce. Is it best to get both of them to come by to sign in person? As I said I usually email this client the signature forms to sign and he drops them back off.
                It's best to touch base with both parties in some reliable way. If you can contact the spouse directly and she agrees to having you e-mail it to her husband, then do that. Better yet, find out if she has her own e-mail address, so you can send her a copy as well.

                Even if she agrees to having you e-mail the finished return to her husband, and he returns the signed version to your office, you should still try to contact her before actual filing to confirm that she agrees with the bottom-line numbers and, more importantly, all of the direct deposit/direct debit info (if any).

                Here's a related open question to which I don't know the answer: Must both spouses sign the same physical 8879? Or is it acceptable for one spouse to sign one piece of paper, the other spouse sign a different piece of paper, with the ERO signature on both, assuming that all the numbers are identical on both?

                Comment

                Working...
                X