[amitda]

Hello,
I have been filling as married jointly past 3 yrs. I got divorce in 2008 in India and ex-wife is in India now and she doesn't have any income for 2008. I had paid one big alimony to her as one time settlement , Now I have foll questions

Q1) If I file as married filing jointly for 2008, is there any way for IRS to determine that I am divorced or not? Or will they ask me to show decree of divorce in future when I request a new ITIN number for future wife? My divorce decree is totally in Hindi language from one small town in Rajasthan.

Q2) In case they found out in future that I am divorced, what could be the max penalty they could impose on me? Lets say I went back to India for good in 2009 , then I come back after 3 yrs on a new h1B after getting re-married , and at that time they found out that I filed incorrectly in 2008 so how much can be the max fine?

Q3) If I go for visa stamping with my future wife in the future, will they ask me to show the divorce decree at consulate ? And if I show them will they report that to IRS to check what was my filing status during 2008 ?

Reply urgently since only 3 days remaining for tax deadline. See I have paid a very big amount in alimony so I am thinking of these options to at least save some taxes.

[AtlantaTaxExpert]

1) Normally, the IRS does NOT request marriage certificates or decrees of divorce, given the number of divorces and remarriages that happen in the U.S. but have both available should they they ask to see it.

2) Filing Married Filing Jointly when, in fact, you are NOT married, is tax fraud! Tax fraud is a crime punishable by fines and possible prison terms. Not worth the risk In my opinion!

3) It is possible that the U.S. State Department would share the information with the IRS, but not likely. However, given your intent to return to this country to work, do you REALLY want to risk getting permanently banned from getting a work visa due to filing a false tax return?