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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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Tax Professional (Enrolled Agent or CPA please) I divorced

Customer Question

Tax Professional (Enrolled Agent or CPA please)
I divorced my now ex wife in 2014. In 2013 we did a short sale on our home (90000 dollars loan forgiven). In 2015 I signed a return filed jointly with my ex for this amount and about 30000 was from short sale. I later found out tax debt was incorrect, as we were totally insolvent at date of loan forgiveness. My wife was going to help correct the filing data, but is now not taking my calls at all. Is there any way I can correct this by myself with the help of m EA?
Submitted: 9 months ago.
Category: Tax
Expert:  Lev replied 9 months ago.

Unfortunately it is too late to amend the tax return to married filing separately - and you will deal with that jointly filed tax return.

If you are amending that tax return - it should be signed by both spouses who signed the original return.

Please be aware that BOTH spouses would be responsible for the tax debt - so that will benefit both - you and your ex-spouse.

Customer: replied 9 months ago.
thank you.
Expert:  Lev replied 9 months ago.

There is nothing we may do with that..

When filing jointly, both taxpayers are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise from the joint return even if they later divorce. Joint and several liability means that each taxpayer is legally responsible for the entire liability. Thus, both spouses on a married filing jointly return are generally held responsible for all the tax due even if one spouse earned all the income or claimed improper deductions or credits. This is also true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns.

Expert:  Lev replied 9 months ago.

.

That means - all tax refunds - yours and your ex-spouse's will be garnished.

Thus - it would be in your ex-spouse's interest to cooperate.

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