Family Law

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Spouse Tax Debt

Is my spouse liable for my tax debt?

When only one spouse has a tax liability but both have incomes, only the spouse responsible for the tax debt is required to prepare the necessary collection information statements. The responsible spouse should include only his/her assets and liabilities on his/her collection information statements. However, the income and expenses of the entire household are required on the collection information statements. The entire household includes spouse, domestic partner, significant other, children, and others that contribute to the household. This is required for the Internal Revenue Service to evaluate the income and expenses allocable to the liable taxpayer.


In States with community property laws, the IRS requires collection information statements from both spouses. They may also require financial information on the non-liable spouse, or cohabitant(s), for offer verification purposes, even when community property laws do not apply.


If you have IRS debt that you are dealing with Contact an Offer In Compromise Attorney today to see if your tax burden can be alleviated and to protect the rights and property of your significant other.



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