I filed jointly for 2020. My spouse was self-employed at that time. Spouse did not end up working in 2021, so I paid in his estimated taxes to avoid a penalty. What now?

[camiam83]

I want to get that money back since he did not work. How do we go about that? I am filing separately for 2021. Can I claim that I paid in estimated taxes? Or does he need to file to get that back, even though he had no income to file?

[DoninGA · Accepted solution]

When you paid the estimated taxes did you use your name and Social Security number or his name and Social Security number?

Why are you filing separately as that is the worst way to file your taxes when married?

You can file as Married Filing Jointly even if one spouse has little or no income.

[camiam83]

I mailed each payment in with the IL-1040-ES which had both our names and socials on it. 
I am filing separately I do not want to be held liable for anything down the road because we filed jointly. Like what happened in 2021. Because we filed jointly in 2020, I was gonna be held liable for him not paying in his estimated taxes for 2021. So I had to pay them. I don’t want to have to pay estimated taxes again for him. Just want to get back what I did pay in. 

[DoninGA]

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@camiam83 wrote:

I mailed each payment in with the IL-1040-ES which had both our names and socials on it. 
I am filing separately I do not want to be held liable for anything down the road because we filed jointly. Like what happened in 2021. Because we filed jointly in 2020, I was gonna be held liable for him not paying in his estimated taxes for 2021. So I had to pay them. I don’t want to have to pay estimated taxes again for him. Just want to get back what I did pay in. 

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Then you can enter the estimated taxes paid on your tax return.

To enter, edit or delete estimated taxes paid (Federal, State, Local) -

• Click on Federal Taxes (Personal using Home and Business)
• Click on Deductions and Credits
• Click on I'll choose what I work on (if shown)
• Scroll down to Estimates and Other Taxes Paid
• On Estimates, click on the start or update button

Or enter estimates paid in the Search box located in the upper right of the online program screen. Click on Jump to estimates paid

Or click on Tax Tools on the left side of the online program screen.
Click on Tools
Click on Topic Search
Type in estimated tax payments, click on GO

Federal estimated taxes paid are entered on Form 1040 Line 26

[camiam83]

Thank you. I have completed that. So would it hurt me to file jointly? What would I benefit from it? I just want to avoid having to pay estimated again.  But if he did not have any income to report this year it shouldn’t force us into estimated should it?

[VolvoGirl]

File Joint.  You can lose several credits filing separately and the tax rates are higher.   If it prints out estimates you can ignore them.  They are optional.  

[VolvoGirl · Accepted solution]

As soon as you knew he wasn't making any money in 2021 you could have stopped paying the estimates.  The estimates are optional to pay.  They are just a suggestion.  They don't get sent with your return and the IRS won't be expecting them.   

[camiam83]

Oh wow! I was not aware of that.  Thank you so much for that information. 

[camiam83]

Would there be any reason that you can think of that I should avoid filing jointly? We are probably going to separate this year. With that being the case, would there be anything that he could do this year 2022 that would come back on me or make me liable if they see that we filed jointly in 2021?

[LudwigVan_fan]

"

Would there be any reason that you can think of that I should avoid filing jointly? We are probably going to separate this year. With that being the case, would there be anything that he could do this year 2022 that would come back on me or make me liable if they see that we filed jointly in 2021?"

You state that your spouse didn't make any money.  Unless he hid income from you (which if he did, you could claim innocent spouse).  Therefore, I'm assuming the income on what would be a joint return is all your income or joint income.  I don't see any extra liability from his side that would affect you.  You'll pay much less tax on MFJ than MFS.

Again, unless he hid income from you (legal or illegal) there shouldn't be any extra liability.  If by chance that it is discovered later than he did in fact have unreported income and you did not know about it; you would be able to claim innocent spouse and not be liable for any extra tax and penalties.

[LudwigVan_fan]

Would there be any reason that you can think of that I should avoid filing jointly? We are probably going to separate this year. With that being the case, would there be anything that he could do this year 2022 that would come back on me or make me liable if they see that we filed jointly in 2021?"

You state that your spouse didn't make any money.  Unless he hid income from you (which if he did, you could claim innocent spouse).  Therefore, I'm assuming the income on what would be a joint return is all your income or joint income.  I don't see any extra liability from his side that would affect you.  You'll pay much less tax on MFJ than MFS.

Again, unless he hid income from you (legal or illegal) there shouldn't be any extra liability.  If by chance that it is discovered later than he did in fact have unreported income and you did not know about it; you would be able to claim innocent spouse and not be liable for any extra tax and penalties.