Most Miami couples file their joint income tax returns. Meaning, both of them are legally held to be individually and jointly responsible for the payment of the rightful sum of 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 the due taxes. The innocent spouse is by and large the one who usually gets into default with the seizures, audits, and tax levies.
Such situation will only be averted if the married couple files a separation or a divorce. It is during these occurrences when both parties get devoid of the fact regarding the exact amount of the taxes owed by one another.
During the time of the separation or divorce, the couple is advised to file their income tax returns jointly while this results to the payment of lower amounts of taxes. The situation becomes a medium for tax indemnification. This means that neither of them is to be held up responsible for the liabilities of each other with their own tax dues. The bad part to this is that the IRS will get its hand to the innocent spouse when one party fails to pay his or her dues regardless of their being divorced, separated, or being still together.
Isn’t it such a stressful condition? This can be alleviated though. All you need to do is to hire a Miami tax attorney in order to be able to deal with the situation well.
A Miami tax attorney is one legal professional who is skilled and abreast in this field of expertise. Your Miami tax attorney will be conscientious in filing all of the needed paperwork to meet all of the things required to you. To make things short, your Miami tax attorney will act on your behalf. When you get subject to divorce or separation, you should at once consult a trusted Miami tax attorney before things get out of hand.
Legally, a provision on the innocent spouse had been added to the 1971 Internal Revenue Code which was then modified in the year 1984. It emphasizes a limited scope of relief amount. 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 any case of over calculation of the deductions for the intention of not paying the appropriate tax amount.
In the year 1998, an additional relief has been added to the Code. With this Act, the innocent could now 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. More so, another relief has been granted to the divorced or separated taxpayers. There is now the separation of liability option. But then such party should prove that he or she has not taken part in the tax fraud.
Before one of the parties will be contained an innocent spouse, the IRS will still have to weigh things over and over again. An ordinary individual will surely find this situation threatening and demoralizing. But a Miami tax attorney can best handle this.