No two divorces are the same. Every Georgia couple’s experience is unique in some say, and many face complicated extenuating circumstances, such as those involving taxes. If you’re currently navigating a high-asset divorce and are concerned about certain erroneous acts you believe your spouse committed on a jointly filed tax form, there are several options and support networks available to help people facing such circumstances rectify their situations.
The federal government provides protection to spouses facing financial accountability problems for tax debts when their counterparts failed to claim income or otherwise filed erroneous information on jointly filed tax forms.
Innocent spouse relief
The Internal Revenue Service recognizes that a mistake may be made on a jointly filed tax form, or deceptive behavior intentionally committed by one spouse without the other spouse’s knowledge. In light of this fact, the IRS provides protection through the following viable options:
- If the IRS attempts to collect tax debt from you regarding a joint return you signed before divorce, you have two years to file a request for innocent spouse relief if you believe your former spouse withheld necessary information or claimed deductions or credits to which the two of you were not entitled.
- You must attest that you were not aware of your former spouse’s faulty behavior when you signed the tax forms in question.
- In addition to the above requirement, there are several other prerequisites you must meet in order to be eligible for innocent spouse tax relief.
- Because the government also recognizes that some people may be entitled to tax relief, although not under this particular option, several other types of relief are available, including separation liability relief and equitable relief, each including its own set of eligibility requirements.
The main point is that the IRS does not wish to hold you legally accountable for additional taxes or debt that arose due to your former spouse’s questionable behavior when jointly filing taxes during your marriage. Divorce is challenging enough, especially where high-asset divisions are concerned, without having to face unexpected stress related to tax issues.
An experienced Georgia family law attorney is fully prepared to represent you as you take action to rectify a stressful tax situation in a divorce. As your personal advocate, an attorney can investigate a tax-related situation on your behalf and can aggressively litigate any issue as needed to defend your rights and protect your financial interests.