26 USC 6015 - Relief from joint and several liability on joint return

U.S Code last checked for updates: Nov 22, 2024

§ 6015.

Relief from joint and several liability on joint return

(a)

In general

Notwithstanding section 6013(d)(3)—

(1)

an individual who has made a joint return may elect to seek relief under the procedures prescribed under subsection (b); and

(2)

if such individual is eligible to elect the application of subsection (c), such individual may, in addition to any election under paragraph (1), elect to limit such individual’s liability for any deficiency with respect to such joint return in the manner prescribed under subsection (c).

Any determination under this section shall be made without regard to community property laws.

(b)

Procedures for relief from liability applicable to all joint filers

(1)

In general

Under procedures prescribed by the Secretary, if—

(A)

a joint return has been made for a taxable year;

(B)

on such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return;

(C)

the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement;

(D)

taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and

(E)

the other individual elects (in such form as the Secretary may prescribe) the benefits of this subsection not later than the date which is 2 years after the date the Secretary has begun collection activities with respect to the individual making the election,

then the other individual shall be relieved of liability for tax (including interest, penalties, and other amounts) for such taxable year to the extent such liability is attributable to such understatement.

(2)

Apportionment of relief

(3)

Understatement

(c)

Procedures to limit liability for taxpayers no longer married or taxpayers legally separated or not living together

(1)

In general

(2)

Burden of proof

(3)

Election

(A)

Individuals eligible to make election

(i)

In general

An individual shall only be eligible to elect the application of this subsection if—

(I)

at the time such election is filed, such individual is no longer married to, or is legally separated from, the individual with whom such individual filed the joint return to which the election relates; or

(II)

such individual was not a member of the same household as the individual with whom such joint return was filed at any time during the 12-month period ending on the date such election is filed.

(ii)

Certain taxpayers ineligible to elect

(B)

Time for election

(C)

Election not valid with respect to certain deficiencies

(4)

Liability increased by reason of transfers of property to avoid tax

(A)

In general

(B)

Disqualified asset

For purposes of this paragraph—

(i)

In general

(ii)

Presumption

(I)

In general

(II)

Exceptions

(d)

Allocation of deficiency

For purposes of subsection (c)—

(1)

In general

(2)

Separate treatment of certain items

If a deficiency (or portion thereof) is attributable to—

(A)

the disallowance of a credit; or

(B)

any tax (other than tax imposed by section 1 or 55) required to be included with the joint return;

and such item is allocated to one individual under paragraph (3), such deficiency (or portion) shall be allocated to such individual. Any such item shall not be taken into account under paragraph (1).

(3)

Allocation of items giving rise to the deficiency

For purposes of this subsection—

(A)

In general

(B)

Exception where other spouse benefits

(C)

Exception for fraud

(4)

Limitations on separate returns disregarded

(5)

Child’s liability

(e)

Petition for review by Tax Court

(1)

In general

In the case of an individual against whom a deficiency has been asserted and who elects to have subsection (b) or (c) apply, or in the case of an individual who requests equitable relief under subsection (f)—

(A)

In general

In addition to any other remedy provided by law, the individual may petition the Tax Court (and the Tax Court shall have jurisdiction) to determine the appropriate relief available to the individual under this section if such petition is filed—

(i)

at any time after the earlier of—

(I)

the date the Secretary mails, by certified or registered mail to the taxpayer’s last known address, notice of the Secretary’s final determination of relief available to the individual, or

(II)

the date which is 6 months after the date such election is filed or request is made with the Secretary, and

(ii)

not later than the close of the 90th day after the date described in clause (i)(I).

(B)

Restrictions applicable to collection of assessment

(i)

In general

(ii)

Authority to enjoin collection actions

(2)

Suspension of running of period of limitations

The running of the period of limitations in section 6502 on the collection of the assessment to which the petition under paragraph (1)(A) relates shall be suspended—

(A)

for the period during which the Secretary is prohibited by paragraph (1)(B) from collecting by levy or a proceeding in court and for 60 days thereafter, and

(B)

if a waiver under paragraph (5) is made, from the date the claim for relief was filed until 60 days after the waiver is filed with the Secretary.

(3)

Limitation on Tax Court jurisdiction

If a suit for refund is begun by either individual filing the joint return pursuant to section 6532—

(A)

the Tax Court shall lose jurisdiction of the individual’s action under this section to whatever extent jurisdiction is acquired by the district court or the United States Court of Federal Claims over the taxable years that are the subject of the suit for refund, and

(B)

the court acquiring jurisdiction shall have jurisdiction over the petition filed under this subsection.

(4)

Notice to other spouse

(5)

Waiver

(6)

Suspension of running of period for filing petition in title 11 cases

(7)

Standard and scope of review

Any review of a determination made under this section shall be reviewed de novo by the Tax Court and shall be based upon—

(A)

the administrative record established at the time of the determination, and

(B)

any additional newly discovered or previously unavailable evidence.

(f)

Equitable relief

(1)

In general

Under procedures prescribed by the Secretary, if—

(A)

taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either), and

(B)

relief is not available to such individual under subsection (b) or (c),

the Secretary may relieve such individual of such liability.

(2)

Limitation

A request for equitable relief under this subsection may be made with respect to any portion of any liability that—

(A)

has not been paid, provided that such request is made before the expiration of the applicable period of limitation under section 6502, or

(B)

has been paid, provided that such request is made during the period in which the individual could submit a timely claim for refund or credit of such payment.

(g)

Credits and refunds

(1)

In general

(2)

Res judicata

(3)

Credit and refund not allowed under subsection (c)

(h)

Regulations

The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this section, including—

(1)

regulations providing methods for allocation of items other than the methods under subsection (d)(3); and

(2)

regulations providing the opportunity for an individual to have notice of, and an opportunity to participate in, any administrative proceeding with respect to an election made under subsection (b) or (c) or a request for equitable relief made under subsection (f) by the other individual filing the joint return.

(Added Pub. L. 105–206, title III, § 3201(a), July 22, 1998, 112 Stat. 734; amended Pub. L. 105–277, div. J, title IV, § 4002(c)(2), Oct. 21, 1998, 112 Stat. 2681–906; Pub. L. 106–554, § 1(a)(7) [title III, § 313(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–640; Pub. L. 109–432, div. C, title IV, § 408(a), (b), Dec. 20, 2006, 120 Stat. 3061, 3062; Pub. L. 114–113, div. Q, title IV, § 424(a)(1), Dec. 18, 2015, 129 Stat. 3124; Pub. L. 116–25, title I, §§ 1001(b)(1)(A), 1203(a), July 1, 2019, 133 Stat. 985, 988.)

cite as: 26 USC 6015

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