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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29573
Experience:  Taxes, Immigration, Labor Relations
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My daughter was granted her divorce on April 7.2016. Her bum

Customer Question

My daughter was granted her divorce on April 7.2016. Her bum of a husband makes good money but controlled 100 percent of every dime. He also is bad with money and they had to get debt relief on a second and a first mortgage for a house. They turned in the deed in lieu of foreclosure. This took place in 2015. My daughter was a stay at home mom. She took care of the 3 children. Past returns were filed jointly. The divorce decree states her x is responsible for all IRS bills owed. She received 1,500 in alimony in December 2015 and earned 500. From a job in 2015. How should she file to protect herself from IRS and the debt relief in 2015 in the amount of 23.000 on the first and second mortgage?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.
You wrote - The divorce decree states her x is responsible for all IRS bills owed. Unfortunately that will not protect your daughter from garnishment if her ex-husband would not pay taxes or woudl not negotiate the installment payment plan with the IRS..Many married taxpayers choose to file a joint tax return because of certain benefits this filing status allows them. 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..If your daughter suspects that her ex-spouse would not fulfill tax obligations - the best protection would be to file a separate tax returns - but it is too late for that..In some cases, however, a spouse can get relief from joint and several liability.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 or credits.Separation of Liability Relief provides for the allocation of additional tax owed between you and your former spouse or your current spouse from whom you are separated when 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 amount of tax reported is correct on your joint return but the tax was not paid with the return.You must request innocent spouse relief or separation of liability relief no later than 2 years after the date the IRS first attempted to collect the tax from you. For equitable relief, you must request relief during the period of time the IRS can collect the tax from you. .To seek innocent spouse relief, separation of liability relief, or equitable relief, you should submit to the IRS a completed Form 8857 (PDF), Request for Innocent Spouse Relief, or a written statement containing the same information required on Form 8857, which you sign under penalties of perjury. You may also refer to Publication 971, Innocent Spouse Relief, for more information. If you request relief from joint and several liability, the IRS is required to notify the spouse with whom you filed the joint return of your request and allow him or her to provide information for consideration regarding your claim. Questions?
Expert:  Lev replied 1 year ago.
.In some cases, however, a spouse can get relief from joint and several liability.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 or credits.Separation of Liability Relief provides for the allocation of additional tax owed between you and your former spouse or your current spouse from whom you are separated when 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 amount of tax reported is correct on your joint return but the tax was not paid with the return.You must request innocent spouse relief or separation of liability relief no later than 2 years after the date the IRS first attempted to collect the tax from you. For equitable relief, you must request relief during the period of time the IRS can collect the tax from you. ..I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.