CAN THE IRS TAKE MY SPOUSES INCOME IF I’M LIABLE FOR THE TAXES?

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The IRS cannot take collection action against the separate income of a non-liable spouse.

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If separate tax returns are filed, only the person who signed and filed the return is legally obligated to pay the taxes. If your spouse did not sign or file a joint return with you, then the IRS cannot collect from him or her.

If joint returns were filed during a prior marriage, the IRS cannot collect your old liability from your new spouse.

Even if a joint return was filed, the IRS has innocent spouse rules to protect a spouse who claims “innocence” as to the liability. Innocence generally means the spouse did not know or had no reason to know of the liability and received no benefit from the unpaid taxes. If the IRS grants relief, it will not collect from the innocent spouse even if a joint return was filed.

The IRS also cannot take any separate assets of your spouse, like cars and real estate. However, if the asset is yours and you place it in your spouse’s name, the IRS can pursue your spouse for recovery.
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If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.

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