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Innocent Spouse Relief
Don't fall victim to a spouse's error on their tax return. There are several ways Total Tax Solutions can help.
Relief is available for those that are the victim of a spouse's error on their tax return. Also, if the IRS is after you to pay taxes that your ex-spouse is supposed to pay, we can attempt to secure relief! Think you need a Tax Attorney/Lawyer....Think Again.
You filed a joint return with your spouse, which under subsequent examination by the Internal Revenue Service results in an understatement of tax. Generally, married taxpayers who file jointly are both liable for the full amount of tax due.
However, where you can show that when you signed the return that you did not know, or had no reason to know of the understatement, or there were certain erroneous items reflected on the return, the IRS may grant you relief from paying the tax.
If you had no idea about the financial activity of your spouse and how your spouse was manipulating the books, you can qualify for Innocent Spouse relief. This means:
You did not share bank accounts—you had no access to his/her account activity
Your spouse had a separate business that he/she operated independently
You did not benefit in lifestyle from the extra money that was a result of tax manipulation
When filing a joint return, both spouses are jointly and individually responsible for the tax and any interest or penalty due on the return even if they later divorce. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns.
Relief falls into 3 categories: Innocent Spouse; Separation of Liability and Equitable Relief.
To qualify for an Innocent Spouse, you must meet all the following conditions:
- - You must have filed a joint return that has an understatement of tax.
- - The understatement of tax must be due to erroneous items of your spouse.
- - You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understatement of tax.
- - Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax; and
- - You must request the relief within 2 years after the date on which the IRS first began collection activity against you. This is after July 22, 1998.
- - And when all else fails you can Appeal and qualify for relief under IRC Section 6015 (f).
Under Separation of Liability you divide the understatement of tax on your joint return between you and your spouse. You also must meet either of the following requirements:
- - You are no longer married to, or are legally separated from the spouse you filed a joint return with.
- - You were not a member of the same household as the spouse you signed a joint return with during the 12 month period ending on the date you file form 8857.
To qualify for Equitable Relief, You must meet the following conditions:
- - You do not qualify for innocent spouse or separation of liability.
- - It would be unfair to hold you liable for the understatement of tax taking into account all the facts and circumstances.
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For prompt evaluation of your case, we encourage you to register for our IRS Account Analysis .
With an IRS Account Analysis from our office, we can conduct a thorough evaluation of your record of account with accurate recommendations based on our findings. If we find errors, you can rest assured that by engaging our services, our office will act as your representative and resolve your IRS problems on your behalf.