Written by Scott Allen

TAX DEBT ADVISORS INC – Does the IRS accept a divorce decree on who is responsible for the payment of taxes?

Tax Debt Advisors Inc Mesa

Here is a typical scenario. The husband is self-employed and never paid any taxes on jointly filed tax returns. The divorce decree says that the husband is responsible for paying all the back taxes. The IRS is coming after the wife. Will the divorce decree stop IRS action against the wife?

First, if you are an innocent spouse you might first seek relief under the innocent spouse relief rules. The IRS will consider factors like your knowledge of the unpaid taxes, spousal abuse claims and whether you received some benefit from the unpaid taxes.

Second, the divorce decree does not limit the IRS from taking action against you. When you signed a jointly filed tax return you accepted responsibility for the accuracy of the return and payment of the taxes owed.

Third, if your signature was forged or you signed the return under fraud or duress, the IRS will convert your joint liability to married filing separately. You will be responsible for paying taxes only on your income.

Fourth, you have several options available to settle with the IRS if you are held responsible for the taxes owed on the jointly filed return. These include: filing for discharge of taxes due with a bankruptcy, an offer in compromise, qualifying for non collectible status or the statute of limitations on collection.

Scott Allen E. A.

Tax Debt Advisors Inc Mesa

www.taxdebtadvisorsinc.com

 

Written by Scott Allen

IRS HELP BLOG

An IRS Help Blog in Mesa Arizona

This IRS help blog is to help you understand what you can get from a blog on this web site.  Frankly, it will give you only the basic outline of the subject matter covered.  On a scale of one to ten it is about a three.  If you want more information, go to our web site and find more details on the subject.  Now your at a level five.  If you want information at a level eight or higher, you will need to come in for a consultation for about one hour.  I will give you a list of things to bring with you so that our meeting is productive and gives you a course of action to follow to resolve your IRS matter.

With IRS problems, the “devil is in the details,” and without the details, it would be foolish to rely on a summary of some important IRS matter in a blog.  But blogs have a way of helping you know whether or not you have the right question.  This is a very important point.  Do not worry about getting an answer until you know you have the right question.  Too many clients come to us because they had the right answer to the wrong question.  Their tax matter wasn’t resolved and they were in a worse mess than before they started the process.

As an example, over 80% of our clients are surprised when we tell then that IRS income tax debt can be discharged in a tax bankruptcy.  The sad part is that almost as many filed a recent bankruptcy and did not get the taxes properly qualified for discharge.  They didn’t ask the right questions of the attorney who did their bankruptcy, and were not provided with all of the options to both their tax and non tax debt.  I try very hard to make sure that both your tax and non tax debt issues are considered before entering into a settlement with the IRS.

Finally, the topics we put into a IRS help blog are the most frequently asked questions we get from clients.  But that is only a start.  It is usually the questions that get asked towards the end of our initial consultation that really zero in on discovering the right solution to your IRS problem.

Scott Allen E. A.

Tax Debt Advisors, Inc.

www.irshelpblog.com

 

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