Many people are shocked to learn they may be responsible for IRS tax debt they did not personally create. This is especially common in marriages where one spouse handled finances, ran a business, or failed to file or pay taxes properly.
Whether you are responsible depends on how you filed your taxes and your specific situation.
## Does Filing Status Matter?
Yes. Your filing status plays a major role.
If you filed a joint tax return, both spouses are generally considered fully responsible for the tax debt. This is called joint and several liability. It means the IRS can collect the full balance from either spouse, regardless of who earned the income or made the mistake.
If you filed separately, you are usually only responsible for your own tax liability. However, there are exceptions depending on state laws and specific circumstances.
## What If You Are Divorced or Separated?
Divorce or separation does not automatically remove IRS responsibility.
Even if a divorce decree says your former spouse is responsible for the tax debt, the IRS is not bound by that agreement. The IRS can still pursue either spouse if the debt came from a jointly filed return.
That said, there may be relief options available.
## What Is Innocent Spouse Relief?
Innocent Spouse Relief is a program that may protect you if:
• Your spouse failed to report income or claimed improper deductions
• You did not know and had no reason to know about the issue
• It would be unfair to hold you responsible
If approved, the IRS may remove some or all of the tax liability from your name.
There are also related options, such as Separation of Liability Relief and Equitable Relief, depending on your situation.
## Can the IRS Take Action Against Me?
Yes. If the IRS believes you are responsible, it can take collection action, including:
• Wage garnishments
• Bank levies
• Tax liens
This can happen even if the debt was caused by your spouse.
## What Are Your Options?
Depending on your circumstances, options may include:
• Innocent Spouse Relief
• Installment Agreements
• Offer in Compromise
• Currently Not Collectible status
Each case is different, and choosing the wrong option can delay relief or increase costs.
## Why Professional Guidance Matters
IRS rules around spousal liability are complex and very fact-specific. A tax relief professional can review your filing history, income, and household situation to determine the best strategy and handle communication with the IRS on your behalf.
If you have questions about this topic or are dealing with IRS tax debt, professional guidance can make a significant difference.
If you owe more than $10,000 to the IRS or are unsure which tax relief options apply to your situation, we can help.
Tax Relief Systems LLC
Phone: (877) 807-3133
Schedule a consultation: https://taxreliefsystemsllc.com/schedule-a-consultation/
Email: info@taxreliefsystemsllc.com
Article written by Richard Lococo.