Larry, My husband has been cheating on his taxes. If I file a separate return, can I avoid being liable?
Mary
Mary, for the current year, if you file as "married filing separately," you will owe tax only on your own separate income, not on your husband's income. But, if your husband has cheated in past years, and you filed joint returns for those years, you can't switch to filing separately for those years. (After filing a separate return, you can still switch to filing a joint return.) But, you may still avoid liability for your husband's taxes on your past-year joint returns by claiming "innocent spouse" status.
You may want to look at IRS Publication 971, Innocent Spouse Relief. If you are a Kopsa Otte client, please come talk to us regarding this issue. If not, please make an appointment with your accountant.
It is a pleasure serving you.
Larry Kopsa CPA
