Taxpayers often find themselves with back taxes owed to the IRS because of their spouse or former spouse’s actions. To assist U.S. taxpayers in situations like these, the IRS has determined a set of guidelines. These guidelines allow a person to qualify for Innocent Spouse Relief. Qualifying for Innocent Spouse Relief makes you not responsible for back taxes owed by your spouse or former spouse.

WHAT IS INNOCENT SPOUSE RELIEF?

When a married couple files a joint tax return, they are both equally responsible for all taxes owed. However, there comes a time when your spouse or former spouse owes the IRS money. If you have nothing to do with this money owed, you should not be held liable. What if your spouse or former spouse lied about their income or underpaid their taxes without you knowing? You should not be held responsible for that. The IRS has a tax relief solution available in those cases. If you qualify for Innocent Spouse Relief, you won’t be held liable for your spouse or former spouse’s unpaid taxes. The tax resolution experts at Platinum Tax Defenders can help you navigate filling for Innocent Spouse Relief with the IRS.

HOW DO I QUALIFY FOR INNOCENT SPOUSE RELIEF?

U.S. taxpayers who qualify for Innocent Spouse Relief won’t be held responsible for their spouse or former spouse’s unpaid taxes. Taxpayers may be eligible as an Innocent Spouse if the following are accurate about their situation:

A joint tax return exists between the taxpayer’s spouse or former spouse

The taxpayer’s spouse or former spouse inaccurately reported income on that joint return

When the taxpayer signed the joint return, they did not know that the form was incorrect

It would be unfair to hold the taxpayer liable for unpaid taxes due to his or her specific situation

ADDITIONAL TYPES OF INNOCENT SPOUSE RELIEF

For those who may not meet all the requirements to file for Innocent Spouse Relief, there are other options. Platinum Tax Defenders can help you determine what different types of Innocent Spouse Relief for which you might qualify. Below are additional examples of Innocent Spouse Relief.

Separation of Liability Relief

You may be eligible to qualify for Separation of Liability Relief if you are divorced, separated, or widowed. To qualify, you can’t have resided in the same household as your former spouse for at least 12 months. In this case, you’ll be assigned a specific amount of debt to pay back. The IRS will give your spouse or former spouse a certain amount to pay back. You’ll also only be held accountable for a fraction of the interest and penalties associated with the tax debt.

Equitable Relief

This type of designation is one of the most general types of relief under the Innocent Spouse rules. The IRS will determine if it’s unfair to hold the spouse responsible for the tax debt. To be eligible for Equitable Relief, individuals must meet these requirements:

They do not meet the needs of other types of Innocent Spouse Relief.

It would be unfair for the IRS to hold the individual liable for those tax debts.

The individual and his or her spouse or former spouse did not transfer financial assets to avoid taxes

There was no intent to commit fraud by not filing a tax return

The tax debt from which the individual is seeking relief relates to an item attributed to the spouse

Each type of Innocent Spouse

Relief works in incremental steps. If the taxpayer doesn’t qualify for Innocent Spouse Relief, they may instead apply for Separation of Liability Relief. The taxpayer may also fall into the more general Equitable Relief category. These levels are separated depending upon the actions of your spouse or former spouse, and your knowledge and involvement.

You may qualify for this relief if:

You filed a joint return

There was a notice of underreporting

Gross income received by your spouse went unreported

Your spouse made improper deductions

You will have to prove to the IRS that when you signed the joint return, you were reasonably unaware of any of the mistakes. If you qualify, you may not have to pay IRS back taxes, interest, or penalties caused by your spouse. You can also be eligible for relief if you are not involved in the day-to-day financials of your household.

GET HELP WITH FILING FOR INNOCENT SPOUSE RELIEF

The experienced professionals at Platinum Tax Defenders can help you file for Innocent Spouse Relief. We can help you dramatically increase your chances for qualifying for tax relief. To do this, you must mention that you believe you may be eligible for this type of assistance. Also, you must share a detailed of how you got into this situation with the IRS. You must request relief to the IRS within two years of the IRS first beginning to collect the debt. If you miss the window, you may instead qualify for other assistance. Other tax relief can include installment agreements, penalty abatements, or an Offer in Compromise. The best thing you can do is to contact us at Platinum Tax Defenders to determine your options.