HOW TO QUALIFY FOR INNOCENT SPOUSE RELIEF OR INJURED SPOUSE ALLOCATION - IRS TAX HELP
When a married couple files a joint tax return, both individuals are equally responsible for all taxes owed if there is a balance due. But there are some cases where you may be innocent of your spouse's tax debts, and the IRS has tax relief available for you.
What if your spouse or ex-spouse, on a past joint tax return, lied about their income or underpaid taxes without your knowledge, and now you are being held responsible for someone else's tax debt? In that case, you can apply for Innocent Spouse Relief.
If you qualify for Innocent Spouse Relief, you will not be held responsible for your spouse or ex-spouse's unpaid taxes.
HOW CAN I QUALIFY AS AN INNOCENT SPOUSE?
You may qualify as an Innocent Spouse if all of the following are true:
You filed a joint tax return.
Your spouse or former spouse improperly reported income on the joint return.
When you signed the joint return, you did not know (and had no reason to know) that the return was incorrect.
Due to the circumstances, it would be unfair to hold you liable for the unpaid taxes.
WHAT ARE THE OTHER TYPES OF INNOCENT SPOUSE RELIEF?
If you do not meet all of the requirements listed above for classic Innocent Spouse Relief, you may still qualify for another type of tax relief for innocent spouses. We will determine which type of tax relief you qualify to claim on your tax return.
Read on to learn about the other types of Innocent Spouse Relief.
RELIEF BY SEPARATION OF LIABILITY
You may qualify for Relief by Separation of Liability if you are divorced, separated, or widowed, and you did not live with your ex-spouse for at least 12 months before filing your request. In this case, the IRS will assign a certain amount of the tax liability to you, and a certain amount to your ex-spouse. You will only be responsible for your portion of the tax debt, along with a portion of the interest and penalties.
There are many circumstances which may disqualify you from classic Innocent Spouse Relief, but should not keep you from getting the tax relief you deserve. Examples include having had to file separately due to state community property laws, and having had knowledge of your spouse's tax fraud--even if you were afraid to question your spouse about it due to fear of physical abuse. The IRS may grant you Equitable Relief in some of these situations.
There is a long list of rules that guide the IRS on whether to grant Equitable Relief. Generally, you may qualify for it if you did not sign the fraudulent joint return with the intention of committing fraud, or if you signed it under duress (for example, if you were an abused spouse). If the IRS grants you Equitable Relief, you may not be held responsible for the unpaid taxes, and you may even get a refund of some of what you have already paid.
Under IRS guidelines issued in 2012, there is no longer a time limit on claims of Innocent Spouse Equitable Relief. This means that if you did not request relief for an earlier year due to the old 2-year time limit on claims, you may now make a request. Also, if you did make a claim and it was rejected because of the time limit, you may now make a new request.
APPLYING FOR INNOCENT SPOUSE TAX RELIEF IF YOU LIVE IN COMMUNITY PROPERTY STATE
If you lived in a community property state and filed as “married filing separately” rather than “married filing jointly,” you might still qualify for relief.
Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Relief from joint and several liability should not be confused with an injured spouse claim. You are an “injured spouse” if you file a joint return and all or part of your share of the refund was, or will be, applied against the separate past-due federal tax, state tax, child support, or federal non-tax debt (such as a student loan) of your spouse with whom you filed the joint return.
If you are an injured spouse, you may be entitled to recoup your share of the refund.
WHY YOU SHOULD USE ADVANCE TAX RELIEF TO HELP YOU APPLY FOR INNOCENT SPOUSE RELIEF?
-We are Former IRS Agents, Tax Attorneys, Enrolled Agents and Tax Consultants.
-We have worked in the local, district and regional offices of the IRS.
-We are true IRS tax experts for Innocent Spouse Tax Relief.
-We are comprised of Board Certified Tax Attorneys, CPAs and former IRS Agents, Managers and Instructors.
-We have over 35 years of direct IRS tax experience and over 25 years of working experience with the Internal Revenue Service.
-We are one of the most trusted and experienced tax firms in the tax resolution industry.
-We are “A” Plus Rated by the Better Business Bureau and have been practicing IRS Tax Relief since 2011.
-We know the exact process of how to qualify for innocent spouse tax relief that can save you time and money.
WHERE TO FILE TO APPLY FOR INNOCENT SPOUSE
If you are meeting with an IRS employee for an examination, examination appeal, or collection matter for the year you want relief, file the Form 8857 and the statement with that IRS employee.
If you are not working with an IRS employee, send the Form 8857 and the statement to the following address:
IRS – Stop 840-F
PO Box 120053
Covington, KY 41012
WHERE TO MAIL A COMPLETED FORM 8857 TO APPLY FOR INNOCENT SPOUSE RELIEF
Processing of Forms 8857, Request for Innocent Spouse Relief, is centralized at the Cincinnati Centralized Innocent Spouse Operation (CCISO), located in Covington, Kentucky. Mail your completed Form 8857, Request for Innocent Spouse Relief, directly to:
Internal Revenue Service
P.O. Box 120053
Covington, KY 41012
The length of time to process your request could increase if you mail your completed Form 8857 to any other office.
We are comprised of Tax Attorneys, Tax Lawyers, Enrolled Agents (EA), Former IRS Agents, Managers and Tax Instructors.
We are tax experts in applying for innocent spouse tax relief.
To have your best shot to have successes in this area it only makes sense to use Former IRS Agents and Instructors who taught this program at the Internal Revenue Service.
DO YOU NEED HELP?
We are tax relief experts specializing in IRS back tax help, Installment Agreements, tax lien help, wage garnishment release, IRS Offer in Compromises, tax debt forgiveness and a whole lot more. Get a free consultation from an experienced tax relief expert today (800)790-8574
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Mr. Dillard - CA Owed $6884, IRS settled for $400
Mr. Batiste - LA Owed $18513, IRS settled for $2972
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Ms. Gonzalez - TX Owed $28,816, IRS settled for $1700
Mr. Anthony - NY Owed $14,000, IRS settled for $900
Mr. Wilkes - CA Owed 32,211, IRS settled for $1250
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