My ex-husband is filing back taxes for 04' & 05', when were still married. He had a small business, and I was a stay home mom at that time. We separated in 06', divorced in 09', and I remarried in 12'. I just received a collections notice from the IRS in my ex-husband's & my old married name, with his SSN, stating $14,000 needs to be paid within one week or assets can be seized! My ex said he's working with a tax professional, and I'm not liable for any of the money, that he's going to be paying it off. Why am I receiving a collections notice to my address, ===>By filing a joint tax return, both you and your ex report all your income, deductions, and credits on one tax return. Both of you must sign the return, and both spouses accept full responsibility for the accuracy and completeness of the information reported on the tax return. If the tax is unpaid, each spouse is held personally responsible for the payment. If the tax return is audited by the IRS, each spouse will be held responsible for providing documents to demonstrate the accuracy of the tax return. So, each spouse is held jointly and severally liable for the taxes filed on a jointly filed tax returnThis means that if one spouse does not pay the tax due, the other may have to
However, The IRS may grant relief from joint liability for taxes through innocent spouse relief; by requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your former spouse improperly reported items or omitted items on your tax return. Generally, the tax, interest, and penalties that qualify for relief can only be collected from your former spouse. However, you are jointly and individually responsible for any tax, interest, and penalties that do not qualify for relief. The IRS can collect these amounts from either you or your former spouse.
You must meet the conditions to qualify for innocent spouse relief; You filed a joint return; There is an understated tax on the return that is due to erroneous items of your former spouse;You can show that when you signed the joint return you did not know, and had no reason to know, that the understated tax existed (or the extent to which the understated tax existed). So,taking into account all the facts and circumstances, it would be unfair to hold you liable for the understated tax.You may contact the IR S for more info in detail
and can my current husband get stuck paying my ex-husband's tax debt?=====>No your current husband has nothing to do with the ex’s back taxes.In general, spouses are not responsible for premarital tax liabilities owed even by their partner. |