File prior, married year prior, husband business owner.. Help?

[MLT2018]

I've never done my own taxes. I've always had someone else do them for me, so I'm new to this.

I didn't file my 2018 taxes last year, I got married in April 2018, and my husband is a business owner. I was told by an H&R Block agent that I have to file jointly. This confused me because I wasn't married in 2017. We didn't file last years because there was some complication or delay with the business taxes prior to me.

So my questions are:

1. Do I file my 2018 jointly?
2. Do I need more than one TurboTax product to file both of our taxes, if separately?
3. My husband does not have an income, he uses the money directly from the business, so does he need to file personal taxes or just business?
4. I didn't work, or receive an income last year (2019), do I still file?

Thanks in advance!

[VolvoGirl]

1.  If you were married on Dec 31, 2018 you can only file as Joint (the best way) or as Married Filing Separate.

2.  To do a 2018 return you need to buy the 2018 Desktop program here,

 http://turbotax.intuit.com/personal-taxes/past-years-products.jsp

[xmasbaby0]

".....my husband is a business owner."

What you have not mentioned is what kind of business owner your spouse is.   Is he a sole proprietor or does he have a more complex business like a partnership, an S Corp, a C Corp or a multi-member LLC?

"My husband does not have an income, he uses the money directly from the business"    Has he not been filing income tax returns?  

If you were married in 2018 and you had income, you should file a 2018 income tax return.

If you were legally married at the end of 2018 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $24,000 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit.

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

You cannot use the online program to file a 2018 return.  You need the desktop program.

Online preparation and e-filing for 2018 is permanently closed.

To file a return for a prior tax year

If you need to prepare a return for 2016, 2017, or 2018 you can purchase and download desktop software to do it, then print, sign,  and mail the return(s)

https://turbotax.intuit.com/personal-taxes/past-years-products/

Remember to prepare your state return as well—if you live in a state that has a state income tax.

When you mail a tax return, you need to attach any documents showing tax withheld, such as your W-2’s or any 1099’s.  Use a mailing service that will track it, such as UPS or certified mail so you will know the IRS/state received the return.

Note:  The desktop software you need to prepare the prior year return must be installed/downloaded to a full PC or Mac.  It cannot be used on a mobile device.

If you are getting a refund, there is not a penalty for filing past the deadline.  If you owe taxes, the interest/penalties will be calculated by the IRS based on how much you owe and when they receive your return and payment. The IRS will bill you for this; it will not be calculated by TurboTax.

https://ttlc.intuit.com/questions/1900990-how-do-i-file-a-prior-year-tax-return

[Opus 17]

You must file as married if you are legally married on December 31 of the year, regardless of when during the year you got married.  So for 2018, you must file as married.

When married, you have the choice of filing as "married filing jointly" or "married filing separately."  Joint filing means you file one tax return that lists all the combined income of both spouses, their combined deductions, dependents and credits, and calculates a single tax bill or refund.  Separate filing means that each spouse files a separate return that only lists their own income, deductions and credits.  In most cases, joint filing has lower taxes or a larger refund, because many deductions and credits are limited or disallowed when filing separately.  But it is your choice.

However, if you file jointly, you agree that both spouses are jointly responsible for the tax return, including any errors, omissions, problems, and taxes and penalties owed.  I mention this for a specific reason relating to your husband's business.  Keep reading.

If your husband is not a W-2 employee but receives money from a business, he is still responsible for filing tax returns and paying tax on that income.  Depending on the kind of business, this is handled in 1 of 2 different ways:

1. For a sole proprietorship or single member LLC treated as a disregarded entity, the business owner files a schedule C as part of their personal tax return.  Schedule C lists all the business income, the expenses, and calculates the profit.  The profit is taxable income, and flows to the rest of the return where it is combined with any other income and the person's personal deductions, to determine the final amount of tax owed.  Sole proprietors usually must also pay quarterly estimated taxes to the IRS in lieu of withholding on a regular job.  And there are many other tax responsibilities for schedule C businesspeople.
2. Or, for an S-corp, C-corp, multi-member LLC, or unincorporated partnership, the business files a business tax return.  As part of the business tax return, a K-1 form is issued to each owner or partner, listing their share of income and expenses.  The K-1 form is reported on the business owner's personal tax return along with their other income, and their personal deductions and dependents. The penalty for not filing this type of return on time can be as high as $295 per month per owner or partner!

I'm concerned that no return was filed for 2018.  Is your spouse a responsible business owner?  Are they preparing their taxes properly?  Or working under the table or doing something else shady.  If so, you do not want to file a joint return with him because that makes you equally responsible for anything shady he or the business is doing. 

For 2018, you and your spouse need to file a joint return listing the business income and any other personal income, credits and deductions.  Or, if you decide to file separately, you would file as married filing separately listing your own income only.  If you had no income in 2018, you do not need to file.  For 2019, the same is true.  You have the option of filing jointly or separately.  If you had no income, you do not need to file a separate return.  Your spouse will pay more tax if married filing separately than he would if you agreed to file jointly.  But I would not agree to file jointly unless you were assured that there was nothing funny going on and the business and your spouse have a clean tax history.  I would recommend a professional review of the situation. 

[VolvoGirl]

2. Continued......You only need 1 program to do 2018.  The Desktop program can do unlimited returns so you can file 1 Joint or you can file 2 separate returns.

4.  You can still file a Joint return for 2019 even if one spouse has no income.  

For your husband's business he either needs to report it as self employment or sole proprietor OR if he files a separate Business return he should have a W2 or K-1 from the business return to enter into his/your personal return.  He has to be reporting his business income and expenses.