Can anyone go to IRS and retrieve my w-2 forms?
I know that my employers will be sending me w-2's in the mail but I am legally separated and my legally-separated husband has tried to claim my taxes, forging my signature and taking my refunds. We don't live together. I live with my parents, which I don't want him to find out their address. If he tries to go to IRS and retrieve my w-2 forms, will he be able to do it? Or do I have to be there with him? I am hoping he won't be able to get anymore money from me than he has already taken. Thanks!
Public Comments
- No, he should not be able to. Make sure your employer has the correct mailing address, or he will get his grubby little hands on them.
- I suggest you notify IRS of your situation and the possibility that your ex may be willing to break the law to obtain your tax refund. They will flag your name and will take action should he try to obtain your refund. I can not speak for the legality of what any separation agreement covers. You should discuss this situation with your divorce lawyer.
- Your W2 comes from your employer. There's no way your husband can retrieve it from the IRS. Go to your payroll department and ask if they can give you the W2 as soon as it's ready. Many large companies make their W2s available for download from the internet. Then file your taxes as soon as possible. If your husband files using your social security number and income info, and faking your signature, he will find himself in a world of trouble.
- File your own return whether he does it or not. When the IRS gets 2 tax returns with your social security number on it they will investigate both. He will end up in lots of hot water.
- No one can get that information from the IRS without Power of Attorney. You are generally better off filing jointly even if you are separated. If this is unlikely to happen, go ahead and file as MFS (Married Filing Separately). If he attempts to put you on his joint return the IRS will catch up with him and most likely penalize him, or at least take back what is owed plus penalty and interest.
- BEST BET for you is to get your W-2s and file first. You want to efile, take the exemptions for the children, unless the separation agreement provides otherwise. You want to file S (with dependents), not MFJ or MFS, since IRS treats legally separated as being divorced. As you're living with your parents, you probably aren't eligible for filing HOH, although if you haven't lived with hubby in last 6 months of year and provide MORE than half the cost of providing a home for you and children you could. However, you can file S and still be eligible for and child tax credits, etc. The IRS will NOT divulge your W-2s to anyone else, and they wouldn't provide them to you until late in tax filing season, anyway.
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