Innocent Spouse Protection

Innocent Spouse Protection

What is the Innocent Spouse Program?

Innocent Spouse Relief is sometimes difficult to show however can be of terrific usage to you if you owe the Internal Revenue Service cash since of your ex spouse.

Do you have any liability as the partner of somebody who has a tax debt? What if you are going through a divorce and technically the financial obligation is your spouse’s.


Here’s the answer to these concerns. If, you filed joint returns with your spouse during your marriage and you both signed the returns you filed every year, you both share similarly in the tax responsibility that was accumulated during the marriage. It is a difficult area to obtain remedy for the IRS and only one instance where the IRS feels this might be a genuine defense. This defense is called Innocent Spouse. Feel in one’s bones that it is difficult to obtain this authorized and there are several criteria you will have to meet.

How Do I Qualify for Innocent Spouse Relief

Here they are:

You have filed a joint return.
The Tax Debt has to be DIRECTLY connected to only your spouse.
You need to show you had no idea what your spouse was doing with the return when you signed it
This has to be asserted within 2 years of the IRS acting against you.
Your optimal possibility is to be lawfully separated or divorced for a minimum of a year prior to making your Innocent Spouse Claim.

And again there are 3 types of Innocent Spouse Claims. You will have to choose which one is optimal for your claim.

Timeless Innocent Spouse: You are saying that you did not understand your partner was not paying your taxes. Ignorance!

Separate Liability Election: During your marriage you had the proper reductions taken out of your paychecks. Even though you may have submitted jointly with your spouse, you will need to re-file separately and prove the following:

That you did file a joint return
The return in concern did include an ignored tax
You have been separated from your spouse for a minimum of 12 months and has actually been under 2 years considering that the IRS took action versus you.

Equitable Relief: This is where you absolutely had no concept what was going on. You didn’t assist with financial resources at all. You didn’t have a hand in running the household company. You simply signed a return and presumed everything was being taken care of. The qualifications are:

You should have filed a joint return
You are unable to get relief under Classic Spouse Relief or Separate Liability
No greater than two years have actually passed given that the IRS took action versus you
You have to prove that no deceitful asset transfer has occurred between you and your spouse
You have to show that you or your spouse hasn’t transferred property to avoid paying the taxes due
You need to prove that it is unreasonable to hold you accountable for your spouse’s tax costs.

Check out our other Tax Relief Services