Do you suspect that a spouse with whom you file joint returns may have lied on your tax return? You're in a delicate position, and one of the first moves you should make is to meet privately with a tax attorney. Here are a few key reasons to do so.

1. You May Be Held Liable

When you sign a tax return—whether individual or joint—you take full responsibility for everything on it and all tax due. The IRS doesn't separate your income and expenses from your spouse's as a matter of routine. While there are means to do this, they must be pursued separately. So any return you signed puts you on the hook for whatever is in it until you can prove otherwise. 

2. You Need Independent Counsel

Seek out your own legal counsel regardless of whether your spouse will also see an attorney. You need independent legal advice that is not beholden to your spouse and that has only your best interests at heart. While some tax matters may be best addressed as a couple, other solutions, like voluntarily admitting the errors, may not be in the best interests of your spouse. 

3. You Need a Legal Tax Pro

Taxpayers in your situation can choose from a variety of tax pros, including CPAs, Enrolled Agents, and tax attorneys. If the potential for fraud exists in your case, engage with a tax attorney no matter who else you consult. An accountant, for instance, may be able to identify inaccuracies or even cheating on the returns, but they cannot give you legal advice to keep you out of court. An attorney can often do both. 

4. Time May Be Limited

If you find out about possible wrongdoing on a tax return, you're in a race against time to take the right action. Your spouse may be planning their own strategy, particularly if it's revealed during a divorce. And if the IRS has notified you of a problem, you face deadlines and audits. The best way to protect yourself is to act quickly and get the upper hand in the situation, which calls for immediate legal counsel.

5. Only Attorneys Can Represent You

Finally, if there's any chance that you will end up charged with any type of tax crime, only an attorney can represent you. Tax professionals of various types can help you throughout the process, including representation before the IRS, but they cannot go to tax court with you. 

Where to Start

Clearly, the sooner you get professional legal help with any possible tax fraud on your joint return, the better. Get started today by discussing your concerns, discoveries, or notices with a tax attorney in your state.