If you're still holding the bag on an income tax debt your ex-spouse drove up, and particularly if you don’t have the wherewithal to repay it, you might be in luck. It doesn’t matter if the tax bill is a result of an understatement of earnings tax on the return, or if it’s just an underpayment of the tax due at the time--you may have a chance of absolving yourself of the obligation for payment. But you’ll have to fight for it.
The IRS doesn’t care if you've got a valid divorce decree and a marital separation arrangement that declares your ex partner is responsible for all previous taxation liabilities—it simply wants to get paid. The IRS’ attitude is: fight it out with your ex, but we’re coming after you.
Filing an Innocent Spouse Claim is difficult and time consuming, particularly in a community residential property state. Here are the criteria to figure out if you will qualify:
Brand new proposed regulations just came down regarding issue No.7 primarily. The IRS feels that the spouse who is asking for innocent spouse relief based on abuse has good cause. This proposed revenue procedure expands exactly how the IRS will take into account abuse and monetary control by the non-requesting partner in determining whether equitable relief is warranted.
Evaluation of the innocent spouse system demonstrated that when punishment is involved, the innocent spouse may not have been able to challenge the therapy of any things on the joint return, concern the payment of the taxes reported as due on the joint return, or challenge the non-requesting spouse’s assurance regarding the payment of the taxes. Review of the system also highlighted that lack of monetary control may have a similar impact on the innocent spouse’s ability to satisfy joint taxation liabilities.
As a result, this proposed revenue procedure provides that abuse or absence of monetary control may mitigate other factors that might otherwise consider against granting equitable relief under area 6015(f).
In accordance to IRS Publication 971, an innocent partner features two years from discovering the tax obligation in concern to register for relief. The two-year restriction has been extended, therefore don’t let the moving of time stop you from filing a claim.
Because it's a difficult task, we recommend that you have a tax professional assist you using the procedure.
DO I NEED A LAWYER TO FILE FOR BANKRUPTCY?
The bankruptcy legislation significantly changed in 2005, making information technology much more difficult to register for bankruptcy security. Although you are not lawfully required to have a lawyer file for bankruptcy, consulting with an experienced bankruptcy lawyer will assist you fully understand your choices and avoid potential pitfalls. For instance, failure to get credit counseling before filing or perhaps not providing certain papers to the Court and the Trustee timely will cause your instance to be dismissed. Other problems that could result include losing your house or other property you are attempting to protect, which you otherwise may have been able to protect had you sought out legal advice. There are a quantity of bankruptcy preparer services that advertise that they can prepare and register your petition for you, however, they're forbidden from giving legal advice and they cannot represent you when a problem develops. There are a quantity of pro bono services that may be in a position to help you if you qualify for free appropriate services.
San Deigo bankruptcy litigation attorney Chris Bush uses his knowledge and litigation skills in matters involving tax debts, child and spousal support enforcement actions and consumer bankruptcy. He appears on behalf of clients throughout San Diego and Imperial Counties, advocating for clients in cases involving:
Chapter 13 bankruptcy is the reorganization of your debt rather than the discharge of debt that falls under Chapter 7. Clients who may not qualify for Chapter 7 bankruptcy may recieve assistance from a San Diego chapter 13 bankruptcy attorney, Chris Bush in filing Chapter 13 bankruptcy. If you are not eligable for Chapter 7 bankruptcy, this is usually due to income or your assets.
Bankruptcy Attorney Bush gives much needed help to clients so they can arrange more time to repay some or all of their outstanding debts, and may be able to renegotiate a discount or reduction in the amount of debt they owe.
Bankruptcy attorney Chris Bush has practiced consumer and small business bankruptcy for over 12 years and worked on thousands of cases. He has a passion to fight against and dispel the prevalent and harmful misinformation regarding bankruptcy filing and debt relief options.
As a consumer, you have options on how to consolidate your loans. Rolling multiple debts into one lower-interest loan may save you a lot of money and make your debt much easier to manage. You should explore all your debt options. Get offers from various lenders for various types of debt consolidation programs. Use online debt consolidation calculators or learn from insightful articles on other debt solutions.
Debt Consolidation Loan Types
Home Equity Loan
Cash-out Mortgage Refinance
Credit Card with Balance Transfer
Consolidation Loan Advantages
May be able to lower your interest rate
Fewer payments to make each month
Fewer service charges
A variety of loan types to choose from
If you want to file for bankruptcy, the first thing you need to know about is where to startt.
We can help you do that. Our San Diego Bankruptcy Attorney will give you an overview of the bankruptcy process in San Diego and connect you with a wide variety of resources (information, products, services, and lawyers) that will help you through the process of bankruptcy.
Bankruptcy is a federal legal status of a person in debt or other entity that is not able to repay the debts it owes to their creditors. In many jurisdictions, bankruptcy is imposed by an order of the court, often initiated by the debtor.
Bankruptcy, however, is not the only legal status that a person in debt or other entity may have, and when we say bankruptcy, it isn't synonym for insolvency. In the United States, bankruptcy is applied more broadly to formal insolvency proceedings.