Innocent Spouse Relief: Get Help Today

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Innocent Spouse Relief

Reclaim Your Rights!

Dealing with tax problems that aren't your fault can feel overwhelming, especially when it comes to Innocent Spouse Relief. Our team offers expert advice, ensuring that you understand your rights and the steps to take for protection.

Qualify for Innocent Spouse Relief

The purpose of Innocent Spouse Relief is to assist people who were negatively impacted financially by their spouse's or ex-spouse's actions during their marriage.

Typically, when married couples file a joint tax return, both are equally liable for any tax, interest, or penalties. This joint liability applies even after divorce.

However, it is sometimes unfair for one spouse to bear the consequences of the other's financial inaccuracies or omissions.

There are three types of relief available for those who have filed jointly:

  • Innocent Spouse Relief: This relieves you from extra taxes due to unreported or misreported earnings by your spouse or ex-spouse.
  • Separation of Liability Relief : Splits additional tax owed between you and your former spouse based on individual responsibility.
  • Equitable Relief : This applies if you don't qualify for the first two types, covering errors that were not your fault or correct taxes that were reported but unpaid.

Who Qualifies for Innocent Spouse Relief?

  • Spouses or ex-spouses who filed joint tax returns but were unaware of underreported income or overstated deductions by their partner.
  • Individuals who believed their tax filings were accurate at the time of signing but later discovered discrepancies attributable to their spouse’s actions.
  • Persons who can demonstrate that it would be unjust to hold them responsible for the tax debt because they did not know their spouse's erroneous reporting or tax evasion.
  • Taxpayers who face significant hardship if made liable for the tax debt resulting from their spouse's mistakes or intentional omissions.
  • Individuals who, under the scrutiny of the IRS's fairness criteria, are considered innocent of the tax understatement or error.

Facing tax burdens you shouldn't bear alone?

Don't let your financial future be compromised by tax liabilities that aren't solely yours. Let our experts advocate for your rights, helping you get relief from unjust tax obligations. Start your journey to financial independence now.

How can we help?

Free Initial Discovery Call

We start with a comprehensive consultation to understand your specific situation and outline the available tax relief options, ensuring you're well-informed about the path forward.

Roadmap and Strategy Planning

Acting on your behalf, we manage all interactions with the IRS, including negotiations, to present your case effectively and address any concerns, laying out a strategic plan for your Innocent Spouse Relief application.

Implementation of the Plan

Our experts meticulously prepare and submit all required forms for innocent spouse relief, ensuring accuracy and compliance. We also access and review your IRS records to fully understand the agency's perspective on your case.

Support and Follow-Up

We provide skilled negotiation with the IRS to advocate for a favorable outcome, and we stay with you every step of the way, offering ongoing support and updates on your case.

Comprehensive Case Management

Added to ensure no detail is overlooked, this involves a complete review of your financial situation and the tax issues at hand, guaranteeing that every aspect of your case is considered in our approach.

Why choose Us?

Understanding Innocent Spouse Relief Form

The Innocent Spouse Form refers to IRS Form 8857, Request for Innocent Spouse Relief. This form is used to request relief from tax liability when an individual believes they should not be held responsible for all or part of the tax shown on a joint tax return.

 

When submitting Form 8857, the applicant is asking the Internal Revenue Service (IRS) to grant relief from tax, including interest and penalties, related to an understatement of tax that is due to erroneous items reported by their spouse or former spouse.

 

Upon receipt of your completed form, the IRS will meticulously evaluate your submission to reach a decision. It's important to recognize that the IRS takes into account a multitude of factors when assessing requests for relief.

Get relief from unfair tax burdens.

Get in touch with us now for immediate assistance and guidance in securing your relief!

How does Innocent Spouse Relief work?

Submit the request

Begin by filing Form 8857 with the IRS to apply for innocent spouse relief. This needs to be done within two years from when the IRS first took action to collect the tax debt.

Eligibility Requirements

The eligibility requirements are to demonstrate that you were unaware of the tax understatement resulting from your spouse's errors, such as unreported income or incorrect deductions, at the time you signed the joint return.

IRS Evaluation

The IRS assesses your application, considering your knowledge of the finances, any direct benefit you received from the understatement, and the presence of any abuse or deception by your spouse.

IRS Decision

If the IRS concludes it's unfair to hold you liable for the tax error, you'll be granted relief, absolving you from responsibility for the specific tax understatement.

Notification of Outcome

The IRS will notify both you and your spouse (or ex-spouse) of its decision. The non-requesting spouse has the opportunity to challenge this decision if they disagree.

Innocent Spouse Relief vs. Injured Spouse Relief

Injured spouse relief

Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouse's debts. This applies when your joint tax return understates tax due to your spouse's actions, such as unreported income. For example, if the IRS claims an unreported $50,000 of income leading to a $20,000 tax debt, including penalties and interest, Innocent Spouse Relief could protect you from being held liable for these discrepancies caused by your spouse.

Innocent Spouse Relief

If your spouse makes mistakes on a joint tax return, you are relieved of paying any additional federal income tax that they owe. This is known as innocent spouse relief. This relief is relevant when your share of a joint tax refund is used to cover your spouse's separate debts, like child support, student loans, or state taxes. If you weren't responsible for these debts but contributed to the joint return through income, tax payments, or credits, Injured Spouse Relief can help you reclaim your portion of the refund.

What is the Innocent Spouse Rule?

The Innocent Spouse Rule is designed to protect individuals who file joint tax returns with their spouse or ex-spouse. Here's a simplified explanation:

  1. Joint Responsibility for Taxes: The IRS generally holds both spouses responsible for any tax debt on a joint return. This responsibility remains regardless of whether you're in the midst of a divorce or already divorced.
  2. State Court Decisions and the IRS: It's important to note that a state court's decision regarding your tax liability does not influence the IRS. The IRS operates under federal law and therefore does not consider state court rulings when it comes to federal tax debts.
  3. Qualifying for Innocent Spouse Relief: To be eligible for this relief, several conditions must be met:

Frequently Asked Question's

An innocent spouse is a taxpayer who, despite filing a joint tax return, may not be held responsible for an understatement of tax due to errors made by their spouse or ex-spouse. This status is recognized under the Innocent Spouse Relief program to protect individuals from tax liabilities they were unaware of.
The IRS will also grant innocent spouse relief in situations where a reasonable person would think that it's unfair to hold you responsible. This is called IRS equitable relief.
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