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Legal Questions about Joint Tax Returns

Couples can sometimes have a hard time figuring out how to file a joint tax return. Joint tax returns are pretty normal, but knowing what joint tax bracket your family falls in, and what the joint tax filing benefits are can often result in questions about joint tax assessment and how to properly file a joint tax return. If you have had a divorce, joint tax refunds can also lead to questions. Below are the top joint tax questions answered by Experts.

After a divorce what right does someone have if their share of the joint tax return has not arrived

If you have no received your half of the money from a joint tax return, you may be able to take your ex-spouse to court for it. The tax returns are generally to be split equally. You can mention that in court, and produce proof that the ex-spouse is withholding the money from you. If the divorce is completed, the other spouse may be ordered by the court to pay it right then. If the divorce has not been finalized as yet, the judge may order that the money be put in escrow until the divorce is finalized.

If a divorced couple owes back taxes, can one spouse pay off the IRS debt and sue the ex spouse for their portion of the debt?

If a divorced person pays an IRS debt that is jointly owed by both parties, the one that has paid the debt can take the opposite party to court to recover the amount that was above and beyond what was rightfully owed by them. Documentation of the total amount of their IRS tax debt, along with proof of the payment made may be needed in court to establish the case.

After a divorce can the spouse be responsible for repaying the other spouse’s IRS debt?

If the debt was incurred during marriage, the government may see it as a joint debt. In such an event, you would be responsible to repay all of such debt if the other spouse isn’t paying anything. However, you can go back to the court and the judge can order a certain amount be paid by both parties.

Can a non-married couple file a joint tax return?

Under U.S. Tax Law, a boyfriend and girlfriend may not file a federal joint return. In order to file a joint return, you have to be married to each other as of the last day of the tax year for which you are filing (December 31st.)

If someone is legally married can they file for joint tax return with someone else?

The U.S. tax laws state that, in order to file a joint tax, the two parties must be married as of the last day of the tax year in which they are filing the taxes. However, the party that is considered the dependent can be claimed on someone else’s tax return. This is provided they were a dependent on another party to provide for over half of their living expenses for more than 6 months in the year.

Dealing with the IRS is hard enough, but to add in filing a joint tax return can often bring many unanswered questions. Calling the IRS for specific joint tax return questions can result in sitting on hold for hours on end waiting for an answer, especially around tax season.
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