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Your Copy of Tax Return Information and How To Get It for Your Divorce

Getting a copy of tax return data for at least the three previous tax years is important when going through divorce, especially if you signed the returns without looking at them. Not only will it help your lawyer or forensic accountant uncover hidden assets, reveal retirement accounts, and give your proof of your spouse's income, but it can also help you in the event of an IRS audit. 

The important thing to remember is that you have a legal right to a copy of any joint income tax returns that were signed by both you and your spouse.  Read on to learn how to get copies of past tax returns to help in your divorce case.


Obtaining Tax Returns

In family law matters, obtaining tax returns are of great importance. Generally, copies are procured from either: 

  1. the IRS and/or State(s), 
  2. a paid preparer, or 
  3. the spouse that prepared the return.

Most people ask the IRS for information only as a last resort because they incorrectly assume it is a cumbersome process. In fact, it can be rather simple and quick, with no cost to get a copy of tax return information.

Getting An IRS Copy of Tax Return Transcripts

The IRS can provide "tax return transcripts" for free within two weeks. A tax return transcript shows most line items from a tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes made after the return was filed.

There are two easy and convenient options for getting copies of your federal tax return information - by phone or by mail. Request for transcripts can be made by calling 1-800-829-1040. To order by mail, taxpayers need to complete the Request for Transcript of Tax Return IRS Form 4506T (PDF file).  Note that only one spouse needs to make the request - by phone or mail - therefore this can be done unilaterally.

The IRS can also provide copies of tax returns for a $57 per return fee. This takes up to 60 days. So, barring some specific need, transcripts are a cheaper and faster way to obtain tax information.

In conclusion, while it is helpful to receive copies of tax returns from paid preparers or the spouse that prepared the return, obtaining tax return transcripts from the IRS is simple and easy. 

As a result, when consulting with a potential or new client that indicates they do not have copies of their tax returns, have them complete Form 4506-T or call 1-800-829-1040 so that you can obtain the information without making a discovery request from your adversary.

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Copyright.  Article by Noah B. Rosenfarb, CPA, ABV, PFS, CDFA Noah is Managing Director of Freedom Divorce Advisors (www.FreedomDA.com), a boutique CPA firm for divorcing women. He created The LIBERTY Agenda, a patent-pending process to help high net worth women deal with the financial challenges of divorce. Noah is a frequent speaker and proud sponsor of www.DECNJ.org, a non-profit organization that educates divorcing women. You can also click the following link to read more articles by Noah Rosenfarb.


A copy of tax return information for previous years will help during your divorce and afterwards.  In addition to that, you'll also want to make sure your taxes are filed properly. Here are some articles that discuss other tax issues that may come up during divorce as well as afterwards: 

Filing A Joint Tax Return Before The Divorce is Finalized
Post Divorce Taxes and Claiming the Children
Head of Household Tax Filing Status
The Dependent Tax Deduction after Divorce
Capital Gains Tax in Divorce Settlements
Other Divorce and Money Issues

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