Taxes, Marriage and Divorce

Word is circulating that a large percentage of people in the United States actually pay more taxes than they are supposed to. For many, doing so is like throwing away their hard-earned money. Fortunately, there are steps to take to refrain from getting into this situation. Similar to many other aspects in life, it is best to have a good offensive plan. It really pays to be informed about your IRS rights as this results to more savings.

Normally, people can clearly picture out their individual tax benefits and requirements. However, after getting married, they forget that there will also be adjustments in their tax status. Often times, many people don't take the time to learn all the different tax benefits that are available when they get married, they also hold common misconceptions that they have learned from their parents who also didn't know the truth.

One of the usual misconceptions is that when you are married, you are only responsible for your half of the taxes in your joint income tax return. Although it might seem to make sense, the reverse is true in this situation. The IRS has decided that when you opt to file for a joint income tax return, you and your spouse are signing a contract that is binding. That contract includes joint and several liabilities for you and your spouse. If one party decides to leave, the other party is fully responsible for all taxes due.

People also go on believing that if they marry someone who has previous tax debts from the IRS, they cannot be obligated to help pay for it. This can be true for some states in the country. But if you reside in one of the nine community property states, this scenario is not applicable. Getting married makes your assets and income community property. This is another way of saying that fifty percent of his/her income is yours and half of yours is hers/his. If your spouse cannot keep her/his end of the deal, then the IRS actually has the legal right to levy half of your income to cover for the remaining tax due. On top of this, the IRS can make use of any refunds that could have been given to you as a result of joint income tax returns to pay for the remaining debt.

There are also several misconceptions about taxes and divorce. Others believe that the total tax due shall be shouldered by the ex-spouse if the couple gets a divorce. Sadly though, IRS guidelines do not honor divorce decrees. In many cases, the IRS will go after the party who is more accessible and whom they deem is more financially stable when a certain percentage of the tax due is not paid. The divorce decree can only take effect if you have contacted a lawyer who will assist you in enforcing some courses of action against an ex-spouse.

 Darrin T. Mish is a Nationally recognized Attorney whose practice focuses on representing clients across the United States with IRS Problems. He is AV rated by Martindale-Hubbel and is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. He has been honored by a listing in Martindale-Hubbel's Bar Register of Preeminent Lawyers. His passion is providing IRS help to taxpayers with both individual and payroll tax problems. He teaches attorneys, CPAs and Enrolled Agents in the finer aspects of IRS representation all around the United States. He can be reached at his website at http://www.getIRShelp.com

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