A spouse can be liable for tax fraud, too - Ahwatukee Foothills News: Money

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A spouse can be liable for tax fraud, too

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Posted: Saturday, April 14, 2012 10:45 am

An anonymous letter arrived recently from a worried spouse. The woman said she was “terrified” that her husband’s tax cheating would land them both in federal prison. Her husband, she said, didn’t report all their rental property income because “everyone does it.”

What, she asked, happens to “tax cheaters like my husband” and what are my options?

With this year’s tax filing deadline just days away, her questions are very real. There’s no question that tax fraud — failing to pay what you owe to state and federal tax collectors — is a big problem.

According to the IRS’ most recent data from tax year 2006, an estimated $385 billion in tax goes unpaid by Americans each year.

“Taxpayers who cheat are gambling that they won’t get caught,” said IRS spokesman Jesse Weller. “That’s a losing proposition for the cheater, and it also hurts the vast majority of Americans who file honest and accurate returns, pay their fair share and have to make up the difference.”

There are many ways that individual taxpayers avoid paying their share. One of the most common: deliberately underreporting income, such as restaurant tips, gambling winnings, rental income and cash transactions.

Underreporting income typically occurs with cash transactions where there’s no paper trail, such as a W-2 form for wages or a 1099 form for interest. Often it’s small businesses or self-employed individuals who have a lot of cash transactions with customers. Or, it could be the independent contractor who comes to work on your house and you pay by cash, or the landlord who fails to report all the rent received from tenants.

Other types of tax fraud include overstating the amount of deductions, keeping two sets of books, claiming personal expenses as business expenses, and hiding or transferring assets.

For married couples who file taxes jointly, the hazards of tax cheating vary.

Generally, spouses who file jointly are equally liable for any tax due. Even after a divorce, if an audit reveals prior tax fraud, both parties would be held responsible for the full amount of tax owed.

In certain circumstances, a husband or wife may not have to pay the tax, interest and penalties on a joint return.

Under “innocent spouse” rules, if something on a tax return is amiss and the innocent spouse was unaware or “had no reason to know,” he or she may be relieved from paying the full amount owed.

Under “equitable relief,” the tax burden can be lifted in specific instances, such as if a spouse establishes that she was a victim of spousal abuse or domestic violence and did not challenge the tax return’s truthfulness “for fear of retaliation,” said Weller.

Taxpayers who are audited and found to have willfully evaded income taxes may be assessed a civil fraud penalty, or be subject to criminal prosecution.

Civil fraud can include a penalty of up to 75 percent of the tax underpayment, plus interest and other penalties. In its last fiscal year, October 2010 to September 2011, the IRS assessed more than 2,800 civil fraud penalties totaling nearly $200 million.

If convicted of criminal fraud, a taxpayer could get hit with fines up to $250,000 and up to five years in prison.

The likelihood of an audit increases with income. In the last fiscal year, the IRS audit rate for taxpayers with incomes below $200,000 was 1.0 percent; for incomes above $1 million, it was 12.5 percent.

“We’ve always dealt with tax fraud, it’s the nature of the beast,” said Weller. “As many ways as people can find ways to cheat, we have to find ways to combat that cheating.”

• Contact Claudia Buck at cbuck@sacbee.com

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