Taxpayers can find themselves in hot water with the IRS because of mistakes or misrepresentations of income on joint tax returns filed with their spouse or former spouse. Often times one party feels they were not the cause of the improperly reported income and should not be held responsible for the back taxes, penalties and interest. In this case, they may be able to file for innocent spouse relief.
By requesting classic innocent spouse relief, you can avoid being held responsible for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your joint tax return.
Under this type of relief, you divide the understatement of tax plus interest and penalties on your joint return between you and your spouse (or former spouse). This type of relief is only for unpaid tax amounts, there are no refunds allowed.
If you do not qualify for the other types of innocent spouse relief, you may still be relieved of responsibility for tax, interest, and penalties through equitable relief. This is the only option that allows you to get relief for the nonpayment of tax.
If your spouse owes money for back child support, unpaid alimony, back taxes, outstanding student loans, or other federal obligations that are legally enforceable, the government can take this money out of your tax refund. If you file a joint tax return, the government can take the entire refund to help pay the debt even though only one party is personally responsible for it, but that doesn't have to happen. If the debt does not belong to you personally, you're not obligated to give up your part of the tax refund just because your spouse owes money. You are entitled to your share of the refund and can request it by filing Form 8379, Injured Spouse Allocation. You can submit this request at the time you file your tax return or afterward
I can help individuals in the Tucson, AZ area and throughout the country get the innocent spouse tax relief they deserve. If you think you qualify, call me now at 520-433-9291. I'll make arrangements for a free consultation to discuss your situation and help you through the process of filing for the appropriate type of innocent spouse relief.