DEDUCTION
HIGH SAVINGS
INDIVIDUAL
Joint Return Fraud Penalty Exclusion
IRC §6663(c)
Excludes a spouse from the 75% fraud penalty on a joint return unless some part of the underpayment was due to the fraud of that specific spouse.
Eligibility
Taxpayers filing joint returns where only one spouse committed fraud.
Frequently Asked Questions
Who is eligible for the Joint Return Fraud Penalty Exclusion?
Taxpayers filing joint returns where only one spouse committed fraud.
How does the Joint Return Fraud Penalty Exclusion work?
Excludes a spouse from the 75% fraud penalty on a joint return unless some part of the underpayment was due to the fraud of that specific spouse.
What law authorizes the Joint Return Fraud Penalty Exclusion?
The Joint Return Fraud Penalty Exclusion is authorized under IRC §6663(c) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §6663
Source: Internal Revenue Code, Title 26, United States Code
§ 6663. Imposition of fraud penalty(a) Imposition of penaltyIf any part of any underpayment of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 75 percent of the portion of the underpayment which is attributable to fraud.
(b) Determination of portion attributable to fraudIf the Secretary establishes that any portion of an underpayment is attributable to fraud, the entire underpayment shall be treated as attributable to fraud, except with respect to any portion of the underpayment which the taxpayer establishes (by a preponderance of the evidence) is not attributable to fraud.
(c) Special rule for joint returnsIn the case of a joint return, this section shall not apply with respect to a spouse unless some part of the underpayment is due to the fraud of such spouse.
(Added Pub. L. 101–239, title VII, § 7721(a), Dec. 19, 1989, 103 Stat. 2397.)
Statutory Notes and Related Subsidiaries
Effective DateSection applicable to returns the due date for which (determined without regard to extensions) is after Dec. 31, 1989, see section 7721(d) of Pub. L. 101–239, set out as an Effective Date of 1989 Amendment note under section 461 of this title.
Legal Sources
US Code (Official) — 26 USC §6663 → Cornell Law Institute — 26 USC §6663 → Search IRS.gov for IRC §6663(c) → Treasury Regulations (26 CFR) →Discovered by: discovery_engine_v1
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