Innocent Spouse Relief

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Innocent Spouse Relief: Protect Yourself from Unfair Tax Liability

The “Innocent Spouse” relief is a provision in U.S. tax law that allows a spouse to be relieved of responsibility for paying tax, interest, and penalties if their spouse (or formerspouse) improperly reported or omitted items on their joint tax return without their knowledge.

This provision is particularly relevant when these errors result in a tax liability for which the other spouse would not otherwise be responsible.

There are three types of relief available under the Innocent Spouse rules:

To qualify for these reliefs, the spouse must meet various requirements. The IRS considers all facts and circumstances in each case, including the nature of the erroneous item and the amount of the incorrect item relative to other items, the couple’s financial situation, the spouse’s educational background and business experience, and whether the spouse failed to ask, at or before the time, the return was signed, about items on the return or omitted from the return that a reasonable person would question.

Additionally, the taxpayer must request for Innocent Spouse relief within a specific time frame, generally within two years after the IRS starts collection activities against the the spouse requesting relief.

Innocent Spouse Relief:

This provides relief from the additional tax owed if a spouse can prove that when they signed the joint return, they didn't know, and had no reason to know, that the reported income was incorrect.

Separation of Liability Relief:

This allows a spouse to be relieved of liability for tax owed if, at the time of the election for relief, they are no longer married, or are legally separated, or have not been a member of the same household as the other spouse for at least 12 months.

Equitable Relief:

If a spouse doesn't qualify for innocent spouse relief or separation of liability relief, they may still be eligible for equitable relief. This type applies when holding the spouse liable for the tax deficiency or underpayment would be unfair.

Claim Your Innocent Spouse Relief Today

If you’ve been wrongly held liable for your spouse’s tax debt, let us help you get the relief you deserve. Act now to stop IRS collection efforts!

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