Hello, welcome, and thank you for choosing Just Answer.
I'm sorry to hear about your situation. Waiting to address this matter will only makes things worse. Since you had no knowledge of your husbands tax situation, and no knowledge of him signing your name, you may qualify for Innocent Spouse Relief
by submitting IRS Form 8857
By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest
, and penalties if your spouse (or 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 spouse (or 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 spouse (or former spouse).
There are three types of relief from joint and several liability
for spouses who filed joint returns
Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income
, reported income improperly or claimed improper deductions
Separation of Liability Relief provides for the allocation of additional tax owed between you and your spouse or former spouse because an item was not reported properly on a joint return. The tax allocated to you is the amount for which you are responsible.
Equitable Relief may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return and generally attributable to your spouse. You may also qualify for equitable relief if the correct amount of tax was reported on your joint return but the tax remains unpaid.
NOTE: You must request relief no later than 2 years after the date the IRS first attempted to collect the tax from you, regardless of the type of relief you are seeking. Not all IRS attempts to collect the tax from you will trigger the two year period for filing
a request for relief. Collection
activities that may start the two year period are:
You must meet all of the following conditions to qualify for "innocent spouse relief":
You filed a joint return, which has an understatement of tax, directly related to your spouse's erroneous items. Any income omitted from the joint return is an erroneous item. Deductions, credits, and property
bases are erroneous items if they are incorrectly reported on the joint return;
You establish that at the time you signed the joint return you did not know, and had no reason to know, that there was an understatement of tax, and
Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax.
To qualify for "separation of liability relief" you must have filed a joint return and must meet one of the following requirements at the time you request relief:
You are divorced or legally separated from the spouse with whom you filed the joint return for which you are requesting relief;
You are widowed, or;
You have not been a member of the same household as the spouse with whom you filed the joint return at any time during the 12-month period ending on the date you file Form 8857 (PDF), Request for Innocent Spouse Relief.
For further detail you can refer to IRS Publication 971. I hope this information helps you.