Are You Entitled to Innocent Spouse Tax Relief?
Innocent Spouse Relief is a solution for a spouse who has been unfairly treated by their spouse or ex-spouse regarding their prior tax filings. Many married taxpayers choose to file a joint tax return because of certain benefits this filing status allows. Both taxpayers are jointly and individually responsible for the tax and any interest or penalty due on the joint return even if they later divorce. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. One spouse may be held responsible for all the tax due even if all the income was earned by the other spouse.
If your spouse was the cause of the tax problem, you may be able to get relieved of the tax, interest, and penalties of a joint return if you are clearly the victim.
There are three types of relief available:
- Innocent spouse relief
- Separation of liability
- Equitable relief
If the qualifications for one are not met, it is possible to qualify for one of the other tax relief options listed above. These mechanisms can relieve you from being responsible for unpaid back taxes, penalties, and interest incurred as a result of the joint tax return that was filed. Each mechanism has different specific requirements that need to be met in order to qualify for the type of relief.
The innocent spouse rules must be looked at carefully. Innocent spouse relief is known to be one of the more difficult types of relief to obtain from the IRS. The Internal Revenue Manual and case law addressing issues affecting entitlement to relief are continuously changing, so constant research is necessary to be aware of new developments that are beneficial to the innocent spouse. Many cases are denied because of mistakes made during the filing process or due to lack of professional representation. A licensed CPA or Certified Tax Resolution Specialist with Tax Help Advisors, LLC will be able to determine if you are a candidate for innocent spouse relief.
Call us today at (704) 912-4002 to schedule your consultation.
The innocent spouse rules must be looked at carefully. Innocent spouse relief is known to be one of the more difficult types of relief to obtain from the IRS.