I’m in trouble with the IRS and possibly the Oklahoma Tax Commission (OTC) for not paying income taxes. My tax problems are my fault. My spouse had no idea about what I was doing. Is my spouse liable for my tax mistakes?

It depends on how you filed your taxes. If you filed a joint tax return, then your spouse may be jointly liable for your tax problems. If, however, you filed separate tax returns then your spouse may not be liable for the back taxes that you owe.

Liability for tax debt is, however, only one of the things that you and your spouse now have to consider. When the IRS or OTC considers your ability to repay your tax debt, your spouse’s income and assets may be considered, regardless of whether the two of you filed a joint tax return or individual tax returns. In other words, just because the IRS or OTC is considering your spouse’s finances and contribution to your household does not mean that your spouse is legally responsible for paying your tax debt.

For more information about whether your spouse may be liable for your back taxes and for help understanding what your rights may be if you owe money to the state of Oklahoma or to the United States of America, we encourage you to contact a Norman tax lawyer today. You can reach an experienced Norman tax attorney by calling us at 800-721-7054. We also invite you to learn more about your rights by reading our FREE book, The Ultimate Survival Guide for IRS Problems.