Abuse survivors get tax relief from spouse's fraud—but IRS keeps it secret
H.R. 6362 — Tax Fairness for Abuse Survivors Act · Filed by Nancy Mace (R-SC) · Introduced Dec 2, 2025 · Referred to committee
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What it does
This bill amends the tax code to allow abuse survivors who filed joint tax returns with an abusive spouse to escape liability for unpaid taxes caused by their spouse's errors or fraud, even if they signed the return. The survivor must show they either didn't know about the understatement or knew but didn't challenge it due to fear, threats, or coercion. The IRS must keep the abuser in the dark about the relief request.
Why we flagged it
The bill's core function is to create a new tax-liability exemption specifically for abuse survivors, addressing a gap in existing law (Section 6015 relief) that did not adequately account for coercion in joint-return scenarios.
What the text implies
- The 'default presumption' (paragraph 3) shifts burden of proof: once abuse evidence is presented, the IRS must presume the understatement was coerced, making it harder for the government to deny relief even in borderline cases.
- The notice-blocking provision (paragraph 4) prevents the nonrequesting spouse from learning about the relief claim, which may complicate future joint-return audits or create asymmetric information if the couple later reconciles or disputes the relief retroactively.
The full analysis lists 4 implications of this text.
Who it affects
Abuse survivors gain a concrete legal pathway to escape financial liability for a spouse's tax misconduct when coercion prevented them from objecting. This protects a vulnerable population from compounded financial harm and recognizes the reality of abusive relationships.