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Tax Relief for an Innocent Spouse
If you meet the conditions for Innocent Spouse relief, you will not be responsible for the tax due on the return or any penalties and interest tied to your spouse. You may be eligible for partial relief based on the facts and circumstances of your situation, but either yourself or a qualified tax resolution professional must file the necessary Innocent Spouse paperwork no later than 2 years after the date the IRS first attempts to collect the tax from you.
If it is determined that you are a good candidate to receive relief on a tax debt that you incurred from a spouse, a statement will be required stating why you believe you qualify for Innocent Spouse relief and substantiated documentation of your claim. Being divorced or separated does not automatically qualify you for Innocent Spouse relief, but is a factor that the IRS considers. If prepared properly, the IRS will consider all the facts and circumstances of your Innocent Spouse case, including your knowledge and whether you received a significant benefit, and to determine your eligibility for innocent spouse relief.
This program is designed for people who filed a joint return that later had a balance due because of errors on the tax return (didn’t report all of the income, or had incorrect deductions). If you are granted relief through the Innocent Spouse claim, your entire debt will go away and only your spouse will be liable. The following questions are essential r to determine whether you should file for relief under the Innocent Spouse Program.
At the time the joint return was filed, did you believe the tax owed was, or would be, paid?
Did your spouse’s income cause the unpaid tax?
If the additional tax due is because of an audit, did you know about the unreported income or erroneous items?
To speak with someone about your specific situation and to find out with some certainty whether the Innocent Spouse Program is a viable option in obtaining tax relief, please complete the online request form and we will contact you or call 866-573-3755.
See Innocent Spouse cases in our self-help guides for additional information.
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