OAR 150-316-0435
Petitioning Department to Equally Split Joint Liability
(1)
A tax liability incurred by spouses filing a joint tax return is joint and several. Each spouse is responsible for the entire liability. However, the department may split a joint tax liability equally between two separated or divorced spouses. Either spouse may file a petition to split the joint liability equally between the spouses. In order to split the liability, the department must be satisfied that payment of the entire liability by the petitioning spouse will cause undue hardship on the petitioner and petitioner’s household. Mere inconvenience is insufficient to establish hardship. A statement in the divorce decree is also insufficient to relieve either spouse of the liability.(2)
The conditions listed below may constitute hardship. The examples given are not intended to be all-inclusive.(a)
Annual household income of the petitioning spouse, number of dependents and limited assets within the household are such that petitioner could not, in the department’s opinion, pay the entire liability within five years.(b)
Major medical problems or a prolonged illness of either the petitioning spouse or a family member that either severely limits petitioning spouse’s earning ability or creates an extreme financial burden on household resources.(3)
Included within the petition must be:(a)
An explanation of how payment of the entire liability will cause undue hardship on the petitioner and petitioner’s household;(b)
The current address of the non-petitioning spouse (if known);(c)
A statement of financial condition submitted on a form prescribed by the department;(d)
A copy of the legal separation or divorce decree; and(e)
An explanation of how the petitioner will pay the remaining liability.(4)
Following review of the petition, the department will either:(a)
Accept the petition, cause the liability to be split equally between spouses and notify both spouses of the action; or(b)
Notify the petitioning spouse the petition has not been accepted.(5)
Acceptance by the department of the petition is discretionary. If the department denies a petition to split a joint liability, the petitioner may appeal that denial to the Magistrate Division of the Oregon Tax Court.
Source:
Rule 150-316-0435 — Petitioning Department to Equally Split Joint Liability, https://secure.sos.state.or.us/oard/view.action?ruleNumber=150-316-0435
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