What happens if one spouse does not sign a tax return?

When a joint income tax return fails to include both signatures, IRC section 6651 may impose an addition to the tax for a failure to timely file a return when due “unless it is shown that such failure is due to reasonable cause and not due to willful neglect.”

What happens if your ex spouse refuses to sign the deed?

The judge makes a finding of contempt of court. Your ex-spouse will sit in jail until he or she signs the deed. Once the deed is signed, file it. Your ex-spouse refuses to sign the deed even under a contempt finding and the court issues a court order for the transfer of the property.

Can a spouse sign a return on behalf of the other?

There are two exceptions to this general rule. First, a spouse may sign a return on behalf of the other spouse if he acts as an agent of that spouse and complies with the requirements of Treasury Regulations section 1.6012-1 (a) (5).

Do you have to sign the bottom of a joint tax return?

Joint Return Consent. The first is that you be legally married by the end of the tax year, and the second is that you both consent to the joint filing. And since the only way the IRS can infer consent is when you and your spouse sign the bottom of a joint tax return, you aren’t eligible to file the return without two signatures.

What do you do if your spouse refuses to sign the tax return?

Learn More →. If your spouse refuses to sign a joint tax return, there isn’t much you can do without their consent. Provided your spouse is eligible to use an alternative filing status, the Internal Revenue Service will not force them to choose one status over another.

Do you need both spouses to sign a joint tax return?

Regulations require signatures of both spouses on a joint tax return [Treasury Regulations section 1.6012-1 (a) (5)]. Form 1040 provides space for signatures of both spouses and states: “If a joint return, both must sign.”