Taxes and couples
Most Miami couples file their joint income tax returns. Meaning, that both of them are legally bound to be individually and jointly responsible for payment of the rightful sum for taxes. The spouse who has a limited source of income is made to be held responsible in the event that the other spouse fails to pay the correct total of taxes due. The innocent spouse is by and large the one who usually gets into default which often results in seizures, audits, and tax levies.
Such situations will only be averted if the married couple files for separation or a divorce, and it is during such occurrences that both parties become oblivious to, and in many cases, devoid of any facts regarding what exact amounts of taxes are owed by one another. This does not have to be considered unusual in view of the fact that such spearations are often stressful, emotionally draining and in some cases, psychologically unbalanced.
Separation & indemnification
During the time of the separation or divorce, the couple is advised to file joint income tax returns with the expectation that such filing would result in payments of considerably lower amounts of taxes. The situation becomes a medium for tax indemnification which means that neither of them is to be held responsible for the liabilities of each other, but rather with only their individual tax burden. The bad part to this is, the IRS will get its hands on the innocent spouse when one party fails to pay his/her dues regardless of their being divorced, separated, or being still married.
Isn’t it such a stressful condition? This can be alleviated however, because all an individual in this situation needs to do is to hire a Miami tax attorney who is qualified to to deal effectively with any such situation similar to that which is being discussed here.
A Miami tax attorney is one a handful of legal professionals who is skilled and knowledgeable in this field of expertise. Your Miami tax attorney will be conscientious in filing all the needed paperwork to meet obligations set forth by IRS, and resaponsibilities you are required to meet. In order to make things short, your Miami tax attorney will act on your behalf; so should you become subject to a divorce or separation, you should at once consult a trusted Miami tax attorney before allowing things to get out of hand.
‘Legal Spouse’ in the IRS code
Legally, a provision on the innocent spouse had been added to the 1971 Internal Revenue Code which was then modified in 1984. It emphasizes a limited scope of relief amount, but it does not point out that there is a possible escape for one spouse who signed any tax return which contained any underpayment of taxes or any understatement of the said income; or even any case of over calculation of the deductions for intentionally not paying the appropriate tax amount.
In the year 1998 an additional relief was added to the Code; and with this Act the innocent could thereafter claim any of the relief forms such as for separation of liability, innocent spouse, or equitable relief. This Act relieves one of the spouses of the liability in terms of interest and penalty in a jointly filed tax return. Moreover, another relief has been granted to the divorced or separated taxpayers, and there is now the separation of liability option pursuant to which the burden of such party is to prove that s/he has not taken part in any tax fraud.
Miami tax attorney? Your gain!
In order for one of the parties to be considered an innocent spouse, the IRS would still have to review the case and weigh any submitted evidentiary documents before rendering a decision. An ordinary individual would surely find this situation threatening and demoralizing unless s/he seeks out and hire a Miami tax attorney who is most qualified and would be best equipt to handle such a challenging situation.
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