Innocent Spouse Tax Relief

However there is a requirement that you must be.

Innocent spouse tax relief. This means that she can take advantage of innocent spouse relief from the irs which a tax attorney delia law can help her to obtain. Generally the tax interest and penalties that qualify for relief can only be collected from your spouse or former spouse. What is innocent spouse relief in california. You filed a joint return for the year s in question.

Innocent spouse tax relief if your spouse or former spouse is being subjected to a tax lien or tax levy you may be caught up in the whole affair even if you have nothing to do with the tax owed. This relief is similar to innocent spouse relief in that you must have had filed a joint return and the return contained an erroneous item. A no longer married to b legally separated from or c living apart for at least 12 months from your spouse or former spouse. Like any other tax debt relief program there are certain qualifications you must meet in order to receive innocent spouse relief.

Additionally if you claim you didn t know about a portion of the mistake you may qualify for partial tax relief in other words the irs will relieve you of the portion of the tax understatement that you were unaware of. However taxpayers filing for equitable relief a similar form of tax relief also available to spouses can apply as long as the statute of limitations hasn t expired on the tax return in question. Filing your taxes jointly can provide many benefits and sometimes it can create problems. Innocent spouse relief is a form of tax relief that can relieve you of your tax liabilities interest and penalties as a result of filing a joint tax return with your current or ex spouse.

The first step is to complete form 8857 request for innocent spouse relief. When married taxpayers file a joint tax return both taxpayers are liable for the tax plus any interest or penalties due on the joint return even if they later divorce. How to file for innocent spouse relief. To seek innocent spouse relief separation of liability relief or equitable relief you should submit to the irs a completed form 8857 request for innocent spouse relief pdf or a written statement containing the same information required on form 8857 which you sign under penalties of perjury.

Partial innocent spouse relief. By requesting innocent spouse relief you can be relieved of responsibility for paying tax interest and penalties if your spouse or former spouse improperly reported items or omitted items on your tax return. Innocent spouse relief is an irs procedure that allows people to avoid additional tax interest and penalties if a spouse or ex spouse understated taxes owed on a joint tax return by not reporting.