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Innocent Spouse Relief: Protect Yourself from Your Spouse's Tax Debt
You shouldn't be held responsible for your spouse's or ex-spouse's tax mistakes. Our tax attorneys can help you qualify for innocent spouse relief and eliminate unfair tax liability.
What Is Innocent Spouse Relief?
Innocent spouse relief is a provision that allows you to be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your joint tax return. When you file a joint tax return, both spouses are normally "jointly and severally liable" for the entire tax debt—meaning the IRS can collect the full amount from either spouse. Innocent spouse relief protects you from this unfair liability.
Who Qualifies for Innocent Spouse Relief?
You may qualify for innocent spouse relief if your spouse (or former spouse) understated taxes on a joint return, you didn't know about the understatement when you signed the return, and it would be unfair to hold you responsible for the tax debt.
Common situations include: hidden income, fraudulent deductions, business tax problems you knew nothing about, or a spouse who controlled all financial decisions.
Types of Innocent Spouse Relief
The IRS offers three types of relief from joint tax liability. Our tax attorneys determine which type you qualify for and prepare the strongest possible case:
1. Classic Innocent Spouse Relief
Applies when your spouse understated tax on a joint return due to erroneous items (unreported income, incorrect deductions, or improper credits). You must prove you didn't know and had no reason to know about the understatement when you signed the return.
Requirements: Filed joint return, understatement of tax, no knowledge or reason to know, unfair to hold you liable.
2. Separation of Liability Relief
Allows you to allocate (separate) the understatement of tax between you and your spouse. You're only responsible for your portion of the tax debt. This is available if you're divorced, legally separated, or haven't lived with your spouse for 12 months.
Requirements: No longer married or living together, filed joint return, understatement of tax attributable to your spouse.
3. Equitable Relief
A catch-all provision for situations where you don't qualify for the other two types of relief but it would still be unfair to hold you liable. This can apply to both understated tax and unpaid tax shown on the return.
Requirements: Filed joint return, not eligible for other relief, unfair to hold you liable considering all facts and circumstances.
Common Situations for Innocent Spouse Relief
Our tax attorneys have helped clients in many different situations obtain innocent spouse relief:
Hidden Income
Your spouse had unreported income from a business, side job, or investments that you knew nothing about. The IRS is now demanding payment for taxes on this hidden income.
Fraudulent Deductions
Your spouse claimed false deductions or credits on your joint return without your knowledge. You trusted them to handle the taxes and didn't review the return carefully.
Business Tax Problems
Your spouse owned a business and failed to pay payroll taxes or income taxes. You had no involvement in the business and didn't know about the tax problems.
Financial Control
Your spouse controlled all financial decisions and you had limited or no access to financial information. You signed the return without understanding what was on it.
Divorce or Separation
You're divorced or separated from your spouse and the IRS is trying to collect tax debt from joint returns filed during your marriage. You shouldn't be responsible for your ex-spouse's tax mistakes.
Abuse or Coercion
You were a victim of domestic abuse or were coerced into signing the tax return. The IRS considers abuse and coercion as factors supporting innocent spouse relief.
How to Apply for Innocent Spouse Relief
Determine Eligibility
Our tax attorneys analyze your situation to determine which type of innocent spouse relief you qualify for. We review your tax returns, financial records, and the circumstances surrounding the tax debt.
Gather Documentation
We collect evidence to support your claim, including financial records, divorce decrees, medical records, police reports (in abuse cases), and statements from witnesses who can verify your lack of knowledge or involvement.
File Form 8857
We prepare and file Form 8857 (Request for Innocent Spouse Relief) with a detailed explanation of why you qualify for relief. This form requires careful preparation to maximize your chances of approval.
IRS Review and Decision
The IRS reviews your request and may contact you for additional information. They also notify your spouse or former spouse, who has the right to participate in the process. We handle all communications with the IRS on your behalf.
Appeal if Necessary
If the IRS denies your request, you have the right to appeal to the IRS Office of Appeals or petition the U.S. Tax Court. Our tax attorneys represent you throughout the appeals process.
Don't Pay for Your Spouse's Tax Mistakes
If you're facing tax debt because of your spouse's or ex-spouse's actions, you may qualify for innocent spouse relief. Our tax attorneys have helped hundreds of clients eliminate unfair tax liability and protect their financial future. The IRS innocent spouse relief process is complex, but we know how to navigate it successfully. Contact us today for a free consultation.
Get Your Free Consultation NowImportant Deadlines for Innocent Spouse Relief
Time Limits for Filing
You generally must file Form 8857 within 2 years of the date the IRS first attempted to collect the tax from you. However, there are exceptions to this deadline, especially for equitable relief.
Don't wait! Contact a tax attorney as soon as you learn about the tax debt to ensure you don't miss important deadlines.
Exceptions to the 2-Year Deadline
The 2-year deadline doesn't apply to requests for equitable relief from unpaid tax or if you're requesting relief from a liability that's still being audited. Our tax attorneys can determine if an exception applies to your situation.
Frequently Asked Questions About Innocent Spouse Relief
Will my spouse or ex-spouse know I'm requesting innocent spouse relief?
Yes, the IRS is required to notify your spouse or former spouse when you request innocent spouse relief. They have the right to participate in the process and provide information to the IRS. However, if you're a victim of domestic abuse, you can request that the IRS not disclose your current address or other identifying information.
Can I get innocent spouse relief if I'm still married?
Yes, you can request innocent spouse relief even if you're still married. However, separation of liability relief is only available if you're divorced, legally separated, or haven't lived with your spouse for 12 months. Classic innocent spouse relief and equitable relief are available regardless of your marital status.
What if I knew about the tax problem but was afraid to speak up?
If you were a victim of domestic abuse or were coerced by your spouse, you may still qualify for innocent spouse relief even if you had some knowledge of the tax problem. The IRS considers abuse and coercion as significant factors. Our tax attorneys can help you document abuse and present a compelling case for relief.
How long does the innocent spouse relief process take?
The IRS typically takes 6-12 months to review an innocent spouse relief request, but it can take longer if your case is complex or if your spouse contests the request. During this time, the IRS generally suspends collection activities against you. If your request is denied, the appeals process can add several more months. Our tax attorneys work to expedite the process and keep you informed every step of the way.
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