Sometimes filing your taxes with your significant other can offer many financial benefits, but other times, it can create more problems. If you are married and file a joint return, this means that both parties are jointly responsible for the tax liability, even if one person contributed more or all of the taxable income. If the IRS makes the determination that there was a tax deficiency, they can go after each spouse individually. However, innocent spouse tax relief can be provided to you, which relieves you of your tax liability, including interest and penalties, under certain circumstances.
Did you know that you can ask for spousal relief no matter how small the liability? In order to qualify for Spousal Relief, you must meet certain conditions. Please contact one of our experienced IRS tax attorneys at (800) 669-4775 to find out if you qualify.
Many married taxpayers file a joint tax return because of certain benefits this filing status allows. If you filed jointly, you may be held responsible for monies due, even if your spouse earned all of the income - and even if a divorce decree states that your spouse will be responsible for any amounts due on previously filed joint returns.
Process for Innocent Spouse:
Typically, the IRS will send a notice of adjustment to both spouses, whether or not they still live together. Oftentimes, one spouse will think that this is an error, but the scary thing is, it’s not. When the IRS tries unsuccessfully to contact the guilty spouse, the innocent spouse is harassed as well. This is the point in time where innocent spouse applies and when an experienced IRS attorney should be contacted for legal representation.
Why innocent spouse?
The innocent spouse relief program was created because the IRS understands that situations do arise when it is unfair to hold one party responsible for another’s tax liability.
When does innocent spouse apply?
If one spouse is wrongly burdened with tax liability through fault of their other half, such as unknown tax fraud, then the innocent spouse can be relieved of liability if they qualify by at least one of the three requirements established by the IRS.
Innocent spouse can apply for either state or federal taxes. As of July 2011, the IRS had removed the 2-year statute of limitations, meaning a longer window to file.
What you need to know:
Innocent spouse relief can be very difficult to obtain from the IRS, and in fact, many cases are denied due to error or misrepresentation. That’s why it’s important to have experienced IRS tax lawyers in your corner to make sure that rights and your assets are protected.
If you filed a joint return or a married filing separate return while living in a community property state and are the victim of a spouse who has wrongfully involved you in their tax liability, then we’re here to help. Don’t be victimized by the legal system. Contact us for a quick, free and confidential analysis and to see if you quality for innocent spouse.
Strategic Lawyers LLP is a team of IRS lawyers led by Mouris Behboud, a former IRS Attorney who represented the IRS for over 8 years. Mouris knows what the IRS looks for and is a savvy negotiator who will fight hard to reach a swift resolution to your personal IRS tax issue.