Most married people in Miami file their tax returns together. That is, the law says that they are both responsible for paying the right amount of taxes, both on their own and together. If the other spouse doesn't pay the right amount of taxes, the spouse with less money is held responsible. Most of the time, the innocent spouse is the one who gets in trouble with the seizures, audits, and tax levies.
The only way to avoid this is for the married couple to file for a separation or a divorce. When this happens, neither party knows how much tax they owe the other.
When a couple is getting a divorce or separating, they are told to file their tax returns together because it will save them money on taxes. The situation becomes a way to get out of paying taxes. This means that neither of them can be held accountable for the other's debts when it comes to their own tax bills. The bad thing about this is that the IRS will go after the innocent spouse if one of them doesn't pay their taxes, even if they are still married, separated, or divorced.
Isn't it a very hard situation? This can, however, be fixed. All you have to do to handle the situation well is hire a Miami tax attorney.
A tax attorney in Miami is a lawyer who is skilled and up-to-date in this area of law. Your tax lawyer in Miami will file all the necessary paperwork to make sure you do everything you need to do. In short, your Miami tax lawyer will take care of things for you. If you are getting a divorce or separating from your partner, you should talk to a trusted Miami tax lawyer right away, before things get out of hand.
In 1971, a part of the law about the "innocent spouse" was added to the Internal Revenue Code. This part was changed in 1984. It points out that the amount of relief is limited. It doesn't say that one spouse can get out of paying taxes if he or she signed a tax return with an underpayment of taxes, an understatement of income, or an overcalculation of deductions in order to avoid paying the right amount of taxes.
The Code now has one more relief, which was added in 1998. With this Act, the innocent can now ask for any type of relief, such as separation of liability, innocent spouse, or equitable relief. This law lets one spouse off the hook for interest and penalties on a tax return they filed together. Also, another break has been given to taxpayers who are divorced or separated. There is now a choice called "separation of liability." But then that person or group would have to prove that they had nothing to do with the tax fraud.
Before the IRS can say that one of the parties is an innocent spouse, they will have to look at everything again and again. A normal person will definitely find this situation scary and depressing. But this is best taken care of by a Miami tax lawyer.