Break Free From Your Ex-Spouse’s Tax Debt With Innocent Spouse Relief

Many couples choose to file a joint tax return because of the benefits offered under the “married filing jointly” status. When filing jointly, both are liable for the tax, interest, and/or penalties that arise from the joint return. Even after divorce, each is legally responsible for the entire liability, regardless of who earned all the income or claimed improper deductions or credits. This is also true even if a divorce settlement states that a former spouse will be responsible for any amounts due on past returns. In some cases, however, you can get relief from being jointly and severally liable.

What is Innocent Spouse Relief?

Innocent Spouse Relief is basically an escape clause that frees you from a tax liability that was created by a spouse who erroneously or falsely reported income, deductions, or credits. To be considered for Innocent Spouse Relief, the IRS has strict guidelines regarding the filing circumstances and supporting documentation. This type of resolution is best handled with the help of a licensed tax professional who can navigate the complicated red tape that comes with arguing these types of cases with the IRS.

Requirements for Innocent Spouse Relief

The guidelines or rules governing the application for the Innocent Spouse solution are as follows:

• The innocent spouse did not know that the tax debt existed and would have no reason to know that the tax debt existed.
• All or some of the tax debt was the responsibility of or can be attributed to the liable spouse.
• It would not be just to hold the innocent spouse responsible for the actions performed by the liable spouse.

If the IRS can prove that both partners had knowledge of the understatement and misguided the IRS, however, they may take corrective action. At Tax Assistance Group, our team of experienced tax professionals can help determine if you qualify for Innocent Spouse Relief. If eligible, we’ll help handle the necessary paperwork and get you the best resolution possible.