Spouse Forged Signature On Tax Return
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FAQ
Generally speaking, an individual may not file a joint tax return without the consent of his or her marital partner. Although this problem occurs relatively infrequently, it technically constitutes a crime.
When a spouse proves that their signature was forged, the joint filing election will be invalidated. However, if there was tacit consent (approval of someone's wrongdoing), the return will be considered filed correctly even if the signature was forged. As for fraud.
Creating or Altering Documents with False Information 366 of the Criminal Code. You can also be charged if you assist in the production of a forged document or play a role in passing it off as the real thing. The maximum penalty for forgery charges ranges from 10 to 14 years.
Spouses do not have the right to sign documents for each other without consent or through the legal mechanism of a Power of Attorney. Forgery is a serious crime, and the perpetrator can face legal consequences such as fines, probation, or even imprisonment.
Forgery. A forged signature does NOT give rise to a valid decision to file a joint return. The burden is on the taxpayer to prove forgery and no intent to file. If the return was forged, IRS will determine if there was tacit consent, i.e. implied or understood consent.
