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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15716
Experience:  15years with H & R Block. Divisional leader, Instructor
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This is ghly confidential! If a taxpayer files a return as

Customer Question

This is highly confidential! If a taxpayer files a return as married filing separately do I have to furnish a copy of the return to the non filing spouse?
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Hello
A person filing married filing separate is the only taxpayer listed on the return and a copy is not required to be issued to the spouse.

A tax return copy can be issued to the primary taxpayer or the secondary (which would be if a joint return was filed). A person must be either the taxpayer whose name is ***** ***** line 1a or 2a, or a person authorized to obtain the tax return.

If my answer addressed your question please rate below or above (let me know if you have difficulty as I believe the system changed), if you need more information reply below.

Expert:  Robin D. replied 1 year ago.

Please advise if you need more information or rating in a positive way is acceptable.

Customer: replied 1 year ago.
Thanks for getting back to me so fast!You said: "A person filing married filing separate is the only taxpayer listed on the return and a copy is not required to be issued to the spouse."Actually, the spouse's name is ***** ***** line 3 (Married filing separately. Enter spouses SS Number above) along with her Social Security below the taxpayers.Do you have a Code Section that says the spouse does not have a right to receive a copy of the return?Thanks
Expert:  Robin D. replied 1 year ago.

Their name is ***** ***** they are not a primary or secondary taxpayer.

I will look to see but privacy and law will dictate this and not the IRC.

There are many times that a third party is listed on a return (mortgage, wages, interest paid from bank) but that does not mean any of those third parties mentioned on the return (by name and number) are entitled to a copy of the return.

Expert:  Robin D. replied 1 year ago.

RC §6103(e), Disclosure to Persons Having Material Interest, provides a listing of persons who may generally request and receive returns and return information. IRC §6103(e)(1)-(6) and IRC §6103(e)(10) concern disclosure of "returns." IRC §6103(e)(7) through (e)(9) as well as (e)(10) refer to disclosure of "return information. "

Expert:  Robin D. replied 1 year ago.

I surprised myself

The IRC had it exactly.

Expert:  Robin D. replied 1 year ago.

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.
Rating lets Just Answer know you were assisted and credits me for my time.

Expert:  Robin D. replied 1 year ago.

Did you need more?

Customer: replied 1 year ago.
Doesn't RC §6103(e) have only to do with IRS employee disclosures and not preparers?
Expert:  Robin D. replied 1 year ago.

It does but a preparer should not provide a copy of a return to anyone that is not authorized to have it.

Unless they are listed as a primary or secondary taxpayer they should not be issued the copy. The exceptions would be if they have the legal right to a copy same as the IRS has to follow.

Expert:  Robin D. replied 1 year ago.

If my answer addressed your question please rate below or above (let me know if you have difficulty as I believe the system changed), if you need more information reply below.