What if my husband signs my name to our joint tax return?

UPDATED: Feb 21, 2012

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What if my husband signs my name to our joint tax return?

Every year for 15 years my spouse has gone to the tax office himself and signed my name on our return in front of the accountant. Can any tax person legally allow him to do that? Is the power of attorney required to be attached to do so?

Asked on February 21, 2012 under Bankruptcy Law, California


Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

It is a forgery without your consent by a power of attorney. IRS does not care. They have something called tacit consent rule, meaning for the past 15 years you did not object so you must have impliedly consented to his act. The problem is, if you and your husband plan to separate, the IRS may come after you for the money he owes. If there is no such plan, then you just have to go with him next time and sign it yourself.

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