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Innocent Spouse Tax Relief

If your spouse or ex-spouse understated the tax on a jointly filed return, you are eligible to be released from the obligation for the tax liability and the related interest and penalties. You must claim to be an innocent spouse by filing Form 8857 within 2 years after the IRS has begun to try to collect the tax from you.

There are three types of Innocent Spouse relief: Traditional innocent spouse relief, separation of liability, and equitable relief. Traditional innocent spouse relief is given to joint-filers (usually married couples) when one spouse was unaware of the flawed item which created a tax liability. Separation of liability is mostly for joint-filers who are currently separated. Lastly, equitable relief is for a spouse who should not be held liable and who fails to meet the two preceding determinations. In each category, the non-electing spouse/partner will be notified and may participate in the actions.

In all Innocent Spouse adjustments, the goal of the IRS is to provide relief to the spouse who was unaware or not at fault for the creation of a tax liability. The IRS rules that it would be inequitable to hold the innocent spouse liable for any tax deficiencies.

Call us at  847-696-0077 and speak to one of our Enrolled Agents today!

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