My spouse died last month. I have come to find out that he withdrew money from his 401k, but never paid taxes on it in 2011. In 2012-2013 he didn't file his income return. In 2014, he paid off most of this, but there is still an outstanding balance to the state, and also fees and penalties to the federal government. I've also found out that there is a lien against the house because of this. We live in Georgia and filed jointly. How do I get out from under this situation?
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In TurboTax, go to other tax situations and look for the section on injured spouse or innocent spouse relief. There is a form you can try to fill out for the IRS.
You are looking for innocent spouse relief. Innocent spouse relief is when you are being held responsible for a tax debt that is part of a joint return that you previously filed with your spouse. Normally, when you file a joint return, you are agreeing that you are jointly and equally liable for the tax due and all statements in the tax return being honest and correct. The innocent spouse form is used when you wish to argue that you should not be responsible for a joint tax debt because your spouse did something without your permission, hid things from you, and went behind your back. Innocent spouse relief can only be requested when you are divorced or your spouse has died.
If you are not eligible for innocent spouse relief, you can also use the same form to request equitable relief, which is a way of asking the IRS to only hold you responsible for part of the debt on the grounds of basic fairness and equity.
( this is different from injured spouse, which applies when a married person is held responsible for debts that their spouse incurred before the marriage. )
The TurboTax interview for injured and innocent spouse will ask a series of questions to determine if you are eligible. The interview was approved by the IRS and is required by the IRS to reduce the number of in eligible claims. If the interview does not allow you to file the form, you probably aren't eligible. You can download the form from the IRS website and fill it out manually and see what happens.
For state tax debts, you would need to look for a similar innocent spouse form or procedure for your state.
See this for more https://www.irs.gov/taxtopics/tc205.html
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