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Innocent Spouse Relief

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During tax season, many married couples choose to file jointly because of certain benefits that are available to them if they do so. This also means that both spouses are responsible for any tax liabilities that may be incurred for incorrectly filing their tax return.

Innocent Spouse Relief, one of three different types of relief from joint and several liability, was designed specifically for this kind of situation. The IRS states, "Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits." A request for this type of relief must be submitted no later than two years after the IRS's first attempt to collect taxes from you. 

The good news is that there is a possibility for you to get out of tax debt due to fraud or misdeeds committed by your spouse.The IRS also outlines certain conditions that must be met to qualify for Innocent Spouse Relief:

  • You filed a joint return that contains discrepancies as a result of an error your spouse made on the tax return
  • You established that you were unaware of the discrepany and
  • Given these circumstances, it would be unfair to hold you accountable for the understatement of tax

If you're unsure whether or not you qualify for Innocent Spouse Relief, we'd be happy to assist you. Please complete the consultation form on the bottom of this page to set an appointment.

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