While things may be amicable during a marriage, when a relationship falls out, tax burdens may be just one of many complicated financial issues that must be resolved by former spouses. In cases where a married couple filed joint tax returns, both spouses are held jointly and severally liable for the tax liability. Spousal Relief may be available only in certain limited circumstances.
Tips for Spouses Seeking Relief From Joint Tax Debt
If you are considering seeking relief for a joint tax debt, review the following helpful tips:
- Former spouses are jointly and severally liable for their tax debts from joint returns even if a divorce decree states that one spouse is responsible.
- Former spouses are jointly and severally liable for their tax debts from joint returns even if one spouse earned all or most of the income.
- Former spouses are jointly and severally liable for their tax debts from joint returns even if one spouse claimed improper deductions on the tax return.
- Innocent spouse relief or separation of liability relief must be requested no later than two years after the date that the Internal Revenue Service (IRS) began attempting to collect the debt.
- Equitable relief must be requested during the time that the IRS has to collect the debt.
- If you are attempting to obtain a refund of tax that you paid, you must make this request within the time period for seeking such a refund. This is typically in the time equaling two years from the date the payment is made or three years within the date the return was filed.
Seeking relief from a joint tax obligation is difficult without the guidance of an experienced professional. We have helped many individuals in Oklahoma City, Tulsa, Norman, and throughout Oklahoma to find a positive resolution to their tax debts. We encourage you to view our client testimonials page today to learn more.