Innocent Spouse Tax Liability Relief

Couples who file a joint tax return are each individually responsible for the accuracy of the tax return and for the full tax liability. If you sign a joint return, the IRS may attempt to collect any tax relating to that return from you, even if your spouse was the one who reported incorrectly or was the only one who earned the income on the tax return. This is referred to as "joint and several liability."

Fortunately, there is a type of tax relief available to separated husbands or wives for taxes being assessed to them by the IRS in place of their spouse. It is possible to contest the tax liability that they claim you owe if you can prove that it honestly wasn't your fault and was instead incurred due to the actions of your spouse. This is called Innocent Spouse Relief.  

There are three separate categories of Innocent Spouse Relief available, and determining which one to apply for will require a careful analysis of your situation. It is then necessary to gather some very specific information pertaining to your claim - information which the IRS is certain to request from you. The primary question that determines whether or not you qualify for Innocent Spouse Relief is how much you knew about your spouse’s non-payment or incorrect IRS filing at the time the tax liability was incurred. Likewise, you will need to prove that you had no reason to know about the liability.

Like other tax resolution options, Innocent Spouse Relief requires proper documentation and also a formal declaration of why you believe you qualify for this type of relief.  Detailing your financial and personal circumstances at the time the error was made will be critical to your success and any evidence you can provide will go a long way toward legitimizing your argument.  Taxpayers considering a claim of Innocent Spouse Relief would do well to consult an experienced professional, who can determine the correct application category and accurately complete the necessary IRS forms for relief.  Keep in mind, you only have a limited time from when the IRS first attempts to collect the tax from you to file for Innocent Spouse Relief, so it is highly recommended that you act as soon as you become aware of the liability.    

For more information about our Innocent Spouse Tax Liability Relief Services, or to find out if this program is right for you:

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