IRS Spousal Relief

If the IRS comes after you due to the activities of a spouse and you did not know about nor did you have any role in those activities, you may be eligible for Innocent Spouse Relief. There are three types of relief available from a joint tax return liability: Innocent Spouse Relief, Separation of Liability Relief, and Equitable Relief.

Innocent Spouse Relief

Innocent Spouse Relief provides relief from a tax liability if your current or former spouse did not report income, falsely reported income, or claimed incorrect deductions or credits.

Separation of Liability Relief

Separation of Liability Relief separates the portion of tax liability between you and your previous spouse, or your current spouse that you are legally separated from or no longer living with, when information was reported incorrectly on a joint tax return. You are then responsible only for the portion of tax liability assigned to you.

Equitable Relief

If you do not qualify for Innocent Spouse Relief or Separation of Liability Relief, you may qualify for Equitable Relief for something incorrectly reported on a joint tax return that is primarily associated with your spouse. You may also qualify if the tax reported on your joint return is correct but was not paid with the tax return.

If you are experiencing consequences of a spouse’s tax activities and you were not involved, you can use IRS Form 8857 to request Innocent Spouse Relief.

Through this form of tax resolution, you may be able to have the tax debt and penalties removed or have your portion of the tax liability reduced. If you would like assistance with the Innocent Spouse process, our team of knowledgeable and trusted tax professionals is here to help.