My signature was forged: IRS help from Tax Debt Advisors, Inc.
Forged Signature on a joint return
When a spouse proves that their signature was forged, the joint election will be invalidated. However, if there was Tacit Consent, the return will be considered filed correctly even if the signature was forged. Tacit consent is when you authorize your spouse to sign your name on the return even if you didn’t directly tell them to sign it. Tacit consent means you agreed to the filing of your joint tax return even if you didn’t verbally authorize the signature. Factors that support you consented to the filing include:
- You have your W-2’s or 1099’s to your spouse
- You did not protest the filing of taxes
- Have filed joint returns in the past
- Did not file a married filing separate tax return and had a filing requirement
How do I report to the IRS that my spouse forged my signature on the refund check?
You can request the IRS to start an investigation by filing IRS Form 3911 to determine if your refund check was cashed. Be sure to include a statement why you believe your signature was forged on the check.
Can I file a return as Married Filing Separate even though a fraudulent joint return was filed by my spouse?
When you file a return married filing separate, the IRS will notify you that a joint return was already filed. Now you have the IRS attention and your written correspondence has a greater chance of getting someone to correct the problem. If the IRS determines that your spouse forged you signature, the IRS will accept your married filing separate return. Your spouse will be assessed negligence and fraudulent penalties for filing a false return.
Can I call the IRS and report that my signature was forged?
Yes, but it is unlikely that the person will follow through on any action that will resolve the problem.
Typically these types of cases are not handled under IRS innocent spouse rules. The goal here is to hopefully get the IRS to adjust your filing status from filing joint to filing separate, and remove yourself from the current tax return you did not consent to. Whenever you talk to someone from the IRS they are required to give you their name and their IRS badge number. Record the date that you communicated your complaint. If nothing happens at least you can request help from the Taxpayer Advocate Office because you made a reasonable attempt to correct the problem with the IRS but was not able to do so.
Forged signatures on IRS returns, refund checks, installment arrangements, offers in compromise and all other IRS documents
A forged signature constitutes fraud and can have serious consequences to both the person who commits the fraud and the one who the fraud is committed against. The facts and circumstances require professional assistance in most cases to be successfully resolved in your favor. I offer a free consultation to discuss your particular situation and can take your case to the IRS.
Scott Allen, E.A. – Tax Debt Advisors, Inc