Proposed regulations joint and several liability | KPMG | QA

Proposed regulations: Relief from joint and several liability, married persons

Proposed regulations

The Treasury Department and IRS today released for publication in the Federal Register proposed regulations for certain married individuals who filed a joint income tax return and later seek relief from joint and several liability.


Related content

The preamble to today’s release states that these regulations reflect changes made by legislation enacted in 2006 and by case law. Read the proposed regulations [PDF 265 KB]


The proposed regulations would revise existing regulations to include additional guidance when a spouse requesting relief from joint and several liability did not “meaningfully participate” in a prior court proceeding.  This additional guidance on the doctrine of res judicata includes a list of acts to be considered in making that determination. Other guidance includes underpayment or unpaid tax definitions, rules regarding credits and refunds, expansion of the rule that penalties and interest are not separate relief items, incorporation of an administrative rule related to attribution of erroneous items, and a revision of the collection and suspension rules of the collection statute.   

Comments and requests for a public hearing to address the proposed regulations must be received by a date that is 90 days after November 20, 2015 (the date when these regulations will appear in the Federal Register).

© 2017 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.

Connect with us


Request for proposal