Is it legal for my employer to give my tax information to my spouse?

Is it legal for my previous employee to give my tax information without my permission to my spouse who is currently employed there?

Posted  04-09-2013

Ann Kiernan replies:

I am not a tax lawyer, but I do know that there are strict rules about the confidentiality of tax returns and return information. As far as I can tell, those rules apply to the IRS and federal employees, but not to employers. But, under those rules, either spouse can give permission to release tax information if they file a joint return.

You may want to consult a tax professional for some further advice. Good luck.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.