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Am I Responsible for My Spouse’s Tax Debt?

Am I Responsible for My Spouse’s Tax Debt?

By on Jun 28, 2016 in Filing Taxes | 0 comments

Am I Responsible for My Spouse’s Tax Debt?

In the institution of marriage, you vow to come together and “the two shall become one”—traditionally that is. Traditionally speaking, the unity of marriage brings two individuals together to live together and share their lives with one another. Financially speaking, one spouse’s finances become the other, and vice versa. Going by this theory, this couple will share one another’s income, they’ll also share in each other’s debt. This includes taxes. Traditionally speaking, that is.

Sharing Your Spouse’s Debt

These days, you have the option to file your annual taxes “married filing jointly” or “married filing separately”. So the question for many married couples, whether they are together or separated is:

“Am I responsible for my spouse’s tax debt?

That’s a good question.

While many taxpayers might want to file a joint tax return to get certain tax benefits, the tax liability is equally theirs as well. This includes any amount that may be due on that particular year even if they are divorced. Even if one party earned most of the income that tax year, “married filing jointly” means that the two are equally held responsible for that filing.

So, according to the general definition of “married filing jointly”, the answer is yes, BUT according to the Internal Revenue Service (IRS), there are at least three ways to relieve you from joint liability of your joint tax returns:

  1. Innocent Spouse Relief

The Innocent Spouse Relief option can exonerate you from any tax liabilities that you filed with your spouse due to any wrongdoing on their part. If they failed to report income or falsely submitted information to the IRS, you won’t be liable for those penalties.

  1. Separation of Liability Relief

This would apply to couples who are still married, but separated. During this separation period, there could be some wrong doing in the way of improperly submitting information in an annual tax filing. The Separation of Liability Relief “provides for the allocation of additional taxes owed…when an item was not reported properly on a joint return.”

  1. Equitable Relief

This third option may be applicable to those who aren’t able to qualify for the Innocent Spouse Relief or the Separation of Liability Relief. The IRS states that you might also “qualify for equitable relief if the amount of tax is correct on your joint return but the tax was not paid with the return.”

Helping You Navigate Through Tax Troubles 

As with anything, there are certain conditions that need to be met when applying for any of the tax relief options above. To help you navigate through all of the paperwork to determine whether or not you qualify, Success Tax Relief, a tax relief firm located in Texas, can assist you with this process. Our company has over 30 years consulting taxpayers and helping them get out of debt. We have experience working with Certified Professional Accounts (CPAs), tax lawyers, tax preparer and tax consultants. Our knowledgeable staff of experts has an open-door policy, available to assist you anytime of the day, whenever you need assistance.

To schedule a free appointment, contact Success Tax Relief today online or call us toll free at 877-825-1179.




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