Innocent Spouse Relief

If your spouse or ex-spouse owes taxes to the IRS and you feel that you are not liable to pay back those taxes, you may qualify for IRS innocent spouse relief. If you or your spouse has received a notice from the IRS, you may need the help of a tax debt professional. Contact New York Tax Attorney Service at (347) 535-4017 to be connected to a qualified tax professional in New York City, .

What is IRS Innocent Spouse Relief?

Innocent spouse relief is a method for the innocent spouse to be relieved of having to pay back the debt of their spouse or ex-spouse. If the spouse or ex-spouse did not report correctly or omitted information when reporting to the IRS, the innocent spouse may qualify. If you feel you are an innocent spouse, you can file a form with the IRS, which they will then investigate. If your spouse or ex-spouse did not report income, had incorrect deductions (even if you filed a joint return), and you can prove that at the time the taxes were filed, that you were unaware, you may qualify. If the IRS determines that it would be unfair to hold you liable, then they will excuse you from having to pay certain taxes back. This does not mean that you will be relieved from paying all your taxes. The IRS will determine which taxes you still need to pay back

What if You Know About the IRS Tax Debt?

If you had any prior knowledge or a reason to know about the tax debt that your spouse or ex-spouse has, you may not qualify for IRS innocent spouse relief. To determine if you had any “reason to know” the IRS will assess certain situations such as the types of inaccurate information, your financial situation, your educational background, your business background, the extent of your participation, whether you asked about the items, and whether this is a pattern in your tax history. If the IRS determines that the inaccurate item is unknown, then partial relief may apply. The IRS will also determine if you benefited from the inaccurate information, if your spouse deserted you, or if you were divorced at the time. All of the factors play a part in whether the IRS will grant you innocent spouse relief or if you will be required to pay back the full amount.

Other Options for Spouse Relief

If you ultimately do not qualify for IRS innocent spouse relief, you may qualify for relief by separation of liability. What this means is that you, your spouse or ex-spouse, divide the amount and you both pay back the debt that the IRS determines you each owe. To qualify for this you must be legally separated or no longer married to the spouse for whom you are requesting relief. You can also not be members of the same household. You must be able to prove that you are divorced or separated and that you did not have any actual knowledge of the taxes you are inquiring about relief from.

Qualifying for Innocent Spouse Relief

If you do not qualify for either of the other 2 types, you may qualify for equitable relief. With this you may qualify for relief from underpayment of tax. To qualify, you must not be able to receive either of the other 2 types, be able to probe that you and your spouse did not transfer assets in a fraudulent manner, you did not file with the intent to commit fraud, and you did not know that the funds appropriated for the payment of taxes was misused by your spouse or ex-spouse. There are several other factors and you can visit http://www.irs.gov/Individuals/Equitable-Relief for more information.

Get IRS Innocent Spouse Relief Help Today!

Needless to say, the IRS has plenty of ways for innocent spouses to get relief from their spouse or ex-spouses tax debts. This area of the tax law can be tricky, so you are better off speaking to a qualified tax debt professional to see what your options are. Contact New York Tax Attorney Service at (347) 535-4017 to be connected with a tax consultant today.