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  1. #1
    Join Date
    Aug 2008
    Posts
    3

    Default Do You Have to Sign a Tax Form if the Taxes Are Done Electronically?

    I'm trying to help my son going through a divorce in Iowa. His wife's (soon to be ex) friend's father did their income tax this year and last year. He did them electronically. This spring, my son kept saying to his wife that they should be getting their tax refund soon -- and also their tax incentive. She just kept saying yes, they should. Finally, one day when he asked about it, she said they already got them, and she spent them. They went directly into her account.

    My son said that he never signed any tax forms. Or, anything that would allow it to go into her account. I saw a copy of his tax form (that they got from the person who filed them electronically for them) and there were no signatures on them. I realize these are just copies of what was submitted electronically.

    My son filed for divorce in April (after much lying and deception!). The divorce should be final by the end of October, or before, if they can come to a settlement. They have only been married for a year and a half. Is there any way that he can get part of that tax refund and incentive.

    Thank you for any advice!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Do You Have to Sign a Tax Form if the Taxes Are Done Electronically?

    Quote Quoting Brooms
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    I'm trying to help my son going through a divorce in Iowa. His wife's (soon to be ex) friend's father did their income tax this year and last year. He did them electronically. This spring, my son kept saying to his wife that they should be getting their tax refund soon -- and also their tax incentive. She just kept saying yes, they should. Finally, one day when he asked about it, she said they already got them, and she spent them. They went directly into her account.

    My son said that he never signed any tax forms. Or, anything that would allow it to go into her account. I saw a copy of his tax form (that they got from the person who filed them electronically for them) and there were no signatures on them. I realize these are just copies of what was submitted electronically.

    My son filed for divorce in April (after much lying and deception!). The divorce should be final by the end of October, or before, if they can come to a settlement. They have only been married for a year and a half. Is there any way that he can get part of that tax refund and incentive.

    Thank you for any advice!
    A pin number is used as an electronic "signature". He might be able to cause trouble for the person who filed the taxes for them, but that may not be a fair thing to do.

    He can raise the issue of the tax refund and incentive in the divorce process, and ask that he be given a credit for his share of those in the overall property settlement.

  3. #3
    Join Date
    Aug 2008
    Posts
    3

    Default Re: Do You Have to Sign a Tax Form if the Taxes Are Done Electronically?

    A PIN must have been used to sign the forms electronically. My sister said that when the tax person does her taxes, she requires a form signed by both her and her husband. She thought it was IRS Form 8879. Do you know if this is REQUIRED by the IRS? Should it be on file with the tax preparer.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Do You Have to Sign a Tax Form if the Taxes Are Done Electronically?

    Form 8879 must be signed when filing electronically using the PIN method, indicating that that taxpayer has selected the pin number associated with the return being filed and certifying under penalty of purjury that the taxpayer has examined the return, and that the return is accurate. If this man did not sign authorizing someone to file his return electronically, then they will not be able to produce the signed documentation when requested by the IRS. The return has not been validly filed if there is no signature.

    If this was done without his authorization, he should contact the IRS and inform them that he did not file a return. At this point he could file his own return using the filing status of Married Filing Seperately, since it doesn't look like he really should be filing a joint return with someone who has demonstrated a desire to defraud him out of his share of a refund. The IRS will investigate and it will eventually get straigntened out, but it will take some time.

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