Seeking Innocent Spouse Relief to Fix Unjust Tax Liability

Seeking Innocent Spouse Relief To Fix Unjust Tax Liability

Are you stuck with a tax liability due to your spouse's financial misdoings? Fret not!

Innocent Spouse Relief is here to rescue innocent partners from unjust tax burdens.

If you find yourself in such a predicament, where your spouse's actions have resulted in tax issues, the Innocent Spouse provision is designed to offer you relief and protect your financial well-being.

In this article, we delve into the intricacies of the Innocent Spouse provision, providing you with valuable insights, real-life case studies, and answers to frequently asked questions to answer "do i qualify for innocent spouse relief".

what are the four types of innocent spouse relief

The IRS provides various forms of relief for spouses who find themselves facing tax liabilities due to the actions or omissions of their current or former partners. Specifically, there are three main types of innocent spouse relief, with a fourth being a separate but related provision:

1. Innocent Spouse Relief: This relief is for spouses who filed a joint return and are being held responsible for an understated tax due to erroneous items of the other spouse. To qualify, the innocent spouse must prove that at the time the return was signed, they did not know and had no reason to know of the understatement.

2. Separation of Liability Relief: This provides for the allocation of additional tax owed between the two spouses (or former spouses). Essentially, it separates the joint tax liability into two separate amounts: one for each spouse. To qualify, the requesting spouse must either be divorced or separated from the other spouse for at least 12 months before making the request.

3. Equitable Relief: If neither innocent spouse relief nor separation of liability relief applies, a spouse may still qualify for equitable relief. This is for spouses who didn't report income properly on a joint return or didn't pay the tax owed. The IRS might grant this relief when, considering all the facts and circumstances, it would be unfair to hold the innocent spouse liable.

4. Injured Spouse Allocation (Related Provision): While not a form of innocent spouse relief per se, the injured spouse provision is related and often confused with it. If a couple files a joint return and the refund is used to pay one spouse's past-due federal tax, state income tax, child or spousal support, or federal non-tax debt (like a student loan), the other spouse might be considered an "injured spouse." This spouse can file Form 8379 to get their portion of the refund.

Each type of relief has specific requirements and conditions. If someone believes they might qualify for any of these reliefs, it's essential to consult with a tax professional or attorney to understand the nuances and procedures fully.

Innocent Spouse Relief

What is innocent spouse relief?

The Innocent Spouse provision is a tax relief option granted under the United States tax law that shields innocent individuals from the consequences of their spouse's tax liabilities.

Enacted to ensure fairness and protect spouses who were unaware or not involved in their partner's tax misconduct, this provision offers a beacon of hope amidst the chaos of financial obligations.

Innocent Spouse Relief

What qualifies for innocent spouse relief?

  • Eligibility Criteria for Innocent Spouse Relief:
  1. You filed a joint tax return.
  2. Errors or fraudulent activities on the joint return were committed by your spouse.
  3. You did not participate in the erroneous actions or have knowledge of them.
  4. It would be unfair to hold you liable for the tax deficiency.
  • Considering Equitable Relief:
  1. If you don't qualify for Innocent Spouse relief, you may still be eligible for equitable relief.
  2. Equitable relief takes into account the overall circumstances, including abuse, lack of control over finances, or no benefit to the taxpayer spouse.
  3. It provides an opportunity for the IRS to assess the situation fairly and eliminate an undue tax burden.
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How Does Innocent Spouse Relief Work?

Once you've established your eligibility for Innocent Spouse relief, the next crucial step is to understand how the process works.

Let's walk you through the process of seeking Innocent Spouse relief:

Filing the Request:

File Form 8857, Request for Innocent Spouse Relief, with the Internal Revenue Service (IRS) within the specified timeframe.

Ensure you thoroughly complete the form, including all the required information and supporting documentation.

Evaluation of the Request:

The IRS will review your request and assess your eligibility based on the provided information.

They may reach out for additional documentation or clarification if needed.


After a thorough evaluation, the IRS will make a determination regarding your claim for Innocent Spouse relief.

If successful, the tax liability will be shifted solely to the spouse responsible for the errors or fraudulent activities.

What are the IRS divorce rules regarding tax liability in divorce cases?

When a couple files a joint tax return, both spouses are generally held responsible for the tax and any additions to tax, interest, or penalties that arise from that return, even if they later divorce.

This is known as "joint and several liability."

Here's how it relates to divorce:

If you sign a joint return, you and your spouse (or ex-spouse) are both responsible for the tax liability. This means the IRS can pursue either one of you for the full amount owed.

Scenarios to help you understand who qualifies for innocent spouse relief


To gain a better understanding of how the Innocent Spouse provision can protect innocent partners, let's delve into a few real-life scenarios:

Jenna and Mark's Joint Tax Woes:

Jenna discovers that Mark, her spouse, underreported their joint income, resulting in a substantial tax liability.

As Jenna was unaware of Mark's actions and had no involvement in the tax misconduct, she seeks Innocent Spouse relief.

Upon filing the necessary forms and providing evidence to support her claim, Jenna is granted relief from the tax obligation.

Jake and Sarah's Abusive Relationship:

Sarah, a victim of domestic abuse, was forced to turn a blind eye to her husband Jake's financial misdeeds.

Unbeknownst to Sarah, Jake engaged in illicit activities and evaded taxes, which subsequently burdened them both.

Sarah applies for Innocent Spouse relief, outlining the abusive nature of her relationship and her lack of control over the finances.

After careful evaluation, Sarah's request is approved, providing her with much-needed relief from the tax liability.

Innocent Spouse Relief

How Long Does Innocent Spouse Relief Take?

The time it takes for the IRS to make a determination on an innocent spouse relief request can vary based on the complexity of the case and the current workload of the IRS.

However, some general timelines can be considered:

1. Initial Review: After submitting Form 8857 (Request for Innocent Spouse Relief), the IRS typically sends an acknowledgment letter within 30 days to let you know they've received your request.

2. Determination Time: The actual determination can take anywhere from six months to a year, or sometimes even longer.

This duration depends on various factors, including the complexity of the case, the need for additional information, and the IRS's current caseload.

3. Potential Delays: If the IRS needs more information to process your request, they will contact you. This can extend the time it takes to get a decision. Additionally, the IRS is also required to notify the other spouse (or former spouse) that you've filed for innocent spouse relief, which can introduce further delays, especially if the other spouse contests the claim.

4. Appeal Process: If the IRS denies your request for innocent spouse relief, you have the right to appeal the decision. The appeal process can add several more months to the timeline.

Given the potential for extended timelines, it's crucial to act promptly if you believe you qualify for innocent spouse relief.

If you're facing immediate collection actions, you should inform the IRS of your intent to file for this relief, as it might temporarily halt certain collection activities.

FAQs: Unraveling Innocent Spouse Relief

Here are some frequently asked questions related to the Innocent Spouse form:

  • Yes, you can still apply for Innocent Spouse relief in such cases.
  • However, it's crucial to ensure that you file within the designated time frame.
  • Generally, you have two years from the date the IRS first attempts to collect the tax to file Form 8857.
  • However, unique circumstances may grant you an exception to the deadline.

The Innocent Spouse provision covers most types of tax liabilities, including income tax, self-employment tax, and penalties related to these taxes.

Navigating the complexities of tax liabilities caused by a spouse's actions can be overwhelming.

However, innocent spouse relief allows a lifeline for those unjustly burdened. By understanding the eligibility criteria, the process, and real-life scenarios, you can embark on a journey towards gaining relief from unfair tax obligations.

Remember, seeking professional advice from a tax relief expert likeĀ Keith Jones CPA can provide you with the guidance and support you need throughout this process.

Embrace the power of the Innocent Spouse provision and shield yourself from the repercussions of your partner's tax misdoings.

About Keith L Jones, CPA TheCPATaxProblemSolver

Keith L. Jones, CPA - TheCPATaxProblemSolver offers specialized Tax Resolution Services designed to assist businesses and individuals in overcoming complex tax challenges. With extensive experience in tax problem resolution, Keith L. Jones provides personalized strategies and solutions to alleviate tax burdens. Services include personalized tax consultation, tax debt relief strategies, expert audit representation, penalty abatement assistance, innocent spouse relief support, tax lien and levy resolution, offer in compromise guidance, and proactive tax planning and compliance. By choosing Keith L. Jones, CPA - TheCPATaxProblemSolver, clients receive dedicated support, reliable guidance, and expert representation to achieve financial peace of mind. Contact Keith L. Jones today to schedule a consultation and take the first step towards effective tax issue resolution.