Because married couples receive benefits if they file their taxes jointly, that is the norm. If there are errors on the tax return, both taxpayers are held responsible. Both of them also now have IRS Problems. Another issue is if you and your spouse have since divorced, you may still be held responsible for the errors and subsequent taxes owed. Click here to read or watch more IRS Help resources.
There are circumstances in which you may be able to qualify for release from paying these taxes.You will need to qualify for innocent spouse relief.
Qualifying for Innocent Spouse Relief
The IRS has specific criteria to determine innocent spouse status. It is important for you check into the rules of your state, as these rules do not apply in all 50 states. The IRS’s criteria include:
You are divorced or living apart from your spouse.
You can prove you were unaware of the errors made on the tax return when you signed it. These errors could include understatement of income, incorrect deductions, or tax credits.
You can prove you did not benefit directly or indirectly from the understatement of taxes.
You can prove your were unaware the joint return reported an understatement of tax due whether with income, incorrect deductions, or tax credits.
You can prove that you would suffer economic hardship.
You can prove that you were abused by your spouse.
You can prove that the liability is solely your spouse’s responsibility.
The IRS reviews the circumstances and determines that it is unfair to hold you responsible for the understatement of tax.
You will need to obtain, fill out, and submit Form 8857, Request for Innocent Spouse Relief, to the IRS. If the form is not readily available, you can submit your written request including the necessary information. You do not need to provide the amount of the taxes owed as this will be determined by the IRS.
Your request for innocent spouse relief status must be made no later than 2 years after the first attempt by the IRS to collect the tax.
The IRS will notify your spouse of your application for innocent spouse relief. Your spouse will be allowed to submit information to the IRS. This information may affect the outcome of your application.
To help you obtain innocent spouse status or with help regarding any other IRS Problems, contact our office. We will be able to answer your questions and guide you through the process. Are you looking for a Florida Tax Attorney?? Don’t worry we can help taxpayers throughout the United States. Call us today.