Q: Divorce 2/2018. Ex has rec'd notices re: taxes owed for 15 & 17. he is self employed, i'm not. He says i'm liable.
Filed MFJ 4/2018 per decree. I have my taxes taken out of my payck. He is self employed and owner of business and doesn't have them come out. We owed State and city taxes which were paid. Now he is saying we owe more and because we were married when they were incurred I should be responsible too. I don't think I am because if he had taken taxes out, it wouldn't be an issue? It's related to the business - right? Am i responsible? What are my options? Thanks
A: What does your Judgment provide? If they were joint returns and not addressed in the Judgment, you may have to go back to court in an attempt to get clarification. The government is not a party to your divorce. Therefore, both taxpayers are liable if not addressed in the Judgment.
When you file married filing jointly as far as the IRS is concerned you are both liable. Even if you have a divorce decree that says differntly the IRS does not have to abide by the divorce agreement.
You may be eligible for innocent spouse relief, however, this can be difficult to get approved. Your best bet is to speak with a tax attorney. Most of us offer a free consultation and can give you an idea of how successful an innocent spouse request might be or what other options you may have available to you. Stay away from the places you see advertised on TV.
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