Innocent Spouse Relief
Don't pay for someone else's tax errors. We can help you get relief from joint tax liability.
When a Joint Return Creates an Unfair Burden
When you sign a joint tax return, the IRS holds both you and your spouse "jointly and severally liable" for the entire tax debt. This means the IRS can collect the full amount from either of you, regardless of who earned the income or made the mistake. Innocent Spouse Relief is designed to help taxpayers who are facing an unfair tax bill due to the actions of their spouse or former spouse.
Who Qualifies for Relief?
To qualify for Innocent Spouse Relief, you generally must meet all of the following conditions:
- You filed a joint return that has an understatement of tax.
- The understatement of tax is due to "erroneous items" of your spouse (or former spouse). Erroneous items are unreported income or incorrect deductions, credits, or basis.
- You can 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.
Three Types of Innocent Spouse Relief
The IRS offers three distinct types of relief under this umbrella. We analyze your case to see which you qualify for:
Provides relief if your spouse or former spouse failed to report income, reported income improperly, or claimed improper deductions or credits.
Allocates the tax debt between you and your spouse (or former spouse) when you are no longer married, legally separated, or have been living apart for at least 12 months.
A more flexible option that may apply if you don't qualify for the other two types of relief but it would be unfair to hold you liable for the tax debt.
How Our Firm Builds Your Case
Successfully claiming Innocent Spouse Relief requires a detailed and compelling argument. The burden of proof is on you to convince the IRS that you qualify. Our team has extensive experience in building strong cases.
We work with you to gather evidence that supports your claim, such as demonstrating you were not involved in the family finances, or proving a history of abuse or financial control by the other spouse.
We prepare and file Form 8857, Request for Innocent Spouse Relief, presenting a clear narrative and attaching all supporting documentation to argue that holding you liable would be inequitable.
If you are facing a tax debt from a joint return that you feel is not your responsibility, contact us today. We can provide a confidential evaluation of your case and help you pursue the relief you deserve.
Ready to Solve Your Tax Problems?
Don't wait another day. Contact our expert team now for a free, confidential consultation and take the first step towards financial peace of mind.