Innocent spouse relief provides a reprieve to one spouse from tax liabilities and penalties resulting from an understatement of earnings by the other spouse on a joint return. The Bronson Law Firm PC in Dallas, TX, frequently helps couples file joint tax returns and understands both spouses are responsible for paying their tax debt, interest, and penalties. However, innocent spouse relief may be granted if the other spouse purposefully and improperly reported or omitted items from the return without the other’s knowledge, and The Bronson Law Firm PC will answer your questions and help you determine whether you’re eligible.
FAQs About Innocent Spouse Relief
Do I Qualify?
To qualify for innocent spouse relief, you and your spouse must have filed a joint return that was found by the Internal Revenue Service to have understated the tax due to erroneous items listed by your spouse. You must be found to have been unaware and not have reason to be aware of the tax understatement, and the IRS must determine it would be unfair to hold you accountable for your spouse’s actions.
How Do I File?
To request relief, you must appeal directly to the IRS via Form 8857. Your tax attorney will ensure the form is filled out correctly and address any obstacles that may keep you from in obtaining innocent spouse relief.
Why Was My Request Denied?
The IRS will deny your request if it can prove you and your spouse transferred assets for the purpose of avoiding payment of your tax. The agency also will turn down your application if it determines you knew the return was erroneous when you signed it.
What Can I Do After A Denied Request?
If your request for innocent spouse relief is denied, you can file again if you have new information supporting your case.
Are There Other Options For Tax Relief?
If you are not eligible for innocent spouse relief, you may qualify for relief by separation of liability or equitable relief. Your tax attorney will advise you about your options.
The Bronson Law Firm PC in Dallas, TX, will assist you with all your tax representation needs. If you believe your spouse purposefully underreported your taxes on your joint return, call (972) 770-2660.