Innocent Spouse | Injured Spouse | IRS TAX DEBT HELP
IRS Tax Relief by Separation of Liability – Equitable Relief – Innocent Spouse
An Innocent Spouse (IRS innocent spouse) is simply someone whose tax refund is used to cover the past-due debts of a spouse or ex-spouse. If you filed a joint tax return, you are jointly and individually responsible for the tax debt and any interest and penalty due on the joint return. The IRS does not care about any divorce decree. As far as the agency is concerned “it’s between you and your ex.” This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on a previously filed joint return. If you believe, that only your spouse or former spouse should be held responsible for all or part of the tax, then you can file a request for Innocent Spouse Relief.
GETTING THE IRS TO AGREE TO INNOCENT SPOUSE STATUS IS NOT EASY. IT MAY BE EASIER TO GET RECEIVE AN OFFER IN COMPROMISE. SO, IT IS VERY VERY DIFFICULT TO GET THE INNOCENT SPOUSE DECLARATION ON YOUR OWN.
By requesting innocent spouse relief from the IRS, 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. In some cases, if the request has been accepted, a spouse may be relieved of the tax, interest, and penalties on a joint tax return. You must meet with the required conditions to be qualified for a request for Innocent Spouse status. If you live in community property State, then the requirements and qualification will also depend on the community property state laws.
After the agency receives and investigates your Request for Innocent Spouse Relief, the IRS will determine by taking into consideration of all information and your circumstances to evaluate which type of relief you will be qualified:
Three Types of Innocent Spouse Relief:
- Innocent Spouse Relief
- Relief by Separation of Liability
- Equitable Tax Relief
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