If you and your spouse file joint tax returns, you are both equally liable for your taxes. In other words, the IRS can collect payment from both of you. Even if you are currently no longer married, your responsibility for any tax liability doesn’t change. However, there are certain situations under which you can get IRS debt help through innocent spouse relief. If you are wondering whether this is a possible solution for you, read the blog post below!
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What Is Innocent Spouse Tax Relief?
If you can prove that you were not aware and had no way of knowing about tax liability, you might be able to get innocent spouse relief. You can apply for this type of IRS debt relief once you gain knowledge of any tax liability for which you believe you shouldn’t be responsible. However, you should be aware that this innocent spouse tax relief is mainly available to those that are no longer married.
In Texas, access to innocent spouse relief is determined by different guidelines than in other parts of the country. If you are seeking innocent spouse relief in Dallas, working with a local tax attorney is in your best interest.
Do You Qualify For Innocent Spouse Relief?
To get innocent spouse relief, you must be able to prove that the joint liability in question belongs only to your spouse. However, if you have already settled with the IRS for the same liability through an Offer In Compromise or other agreement, you can no longer receive innocent spouse relief. Additionally, if you have asked for relief from the court before and your request has been denied, you are not eligible to receive innocent spouse relief. Finally, it is important that you take action within the 2-year statute of limitations in order to receive this IRS debt relief.
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How To Apply For Innocent Spouse Relief?
To request Innocent Spouse Relief you will have to complete the innocent spouse relief Form 8857. Through this form, you need to furnish the IRS with detailed information on your finances, living arrangements, and marital status. After you have made your claim to the IRS, the agency will reach out to your former spouse. Written notification is sent to both people involved so that both parties have an opportunity to appeal.
Bottom Line
Innocent Spouse Relief is a form of IRS debt relief that helps you escape joint tax liability. If you have recently come to the knowledge of tax liability you knew nothing about and for which are not responsible, this can be a good option for you. At the Law Offices of Nick Nemeth, our experienced team can help you determine whether this IRS debt relief option is the best choice for you. Reach out to our experienced tax attorneys and schedule a free consultation! Just call (972) 426-2553 or fill out our contact form here.
