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Innocent Spouse Relief Help | IRS Tax Debt Relief for Spouses

If your spouse or ex-spouse underreported their income on your joint tax return, didn’t pay the tax, or made some other error, you may be able to get relief from that tax debt, but only with the right approach.

Innocent spouse relief is a formal program where the IRS removes your liability for your partner’s tax debt when you weren’t aware of their mistakes or when it would be inequitable to hold you responsible. The rules are complicated, and for best results, you need a professional by your side. We can help.

Resolución fiscal 20/20 is here to guide you through the application process. Get in touch to talk to an expert today.

You’re in the Right Place If…

You’re in the right place and should reach out to us about innocent spouse relief if…

  • You’re being held responsible for a spouse’s tax debt.
  • Your spouse or former spouse underreported taxes without your knowledge.
  • You received an IRS notice about a tax debt from a joint return – and you weren’t aware of the debt.
  • The IRS is threatening enforced collections on a debt due to your spouse, ex-spouse, or late spouse.
  • An IRS revenue officer has contacted you about tax debt you weren’t aware of due to your spouse.
  • You owe tax debt from a jointly filed return or a separately filed return in a community property state, and it’s inequitable to hold you responsible.

At 20/20 Tax Resolution, we’ve seen the full range of cases, and we’re ready to talk to you, listen, and help you find a solution.

What Is Innocent Spouse Relief?

Innocent spouse relief is an IRS program that helps taxpayers get relief from liability for tax debts due a current or former spouse. It may apply if you filed a joint return with your spouse or you live in a community property state, where couples have joint liability on returns filed separately.

The IRS may find that you’re an innocent spouse if there were errors, omissions, or underpayments on the jointly filed return that you weren’t aware of and had no reason to be aware of. Depending on the situation, you may be able to get relief from the unpaid liability, or the IRS may separate the liability so that you’re only responsible for your share of the tax shown on the return.

Innocent spouse relief can be a lifesaver for taxpayers who are facing IRS collections on a tax debt that really shouldn’t be their responsibility, but you need professional help to navigate the application.

Let our team review your case, develop a strategy, and negotiate with the IRS for you.

Types of IRS Spousal Relief

When you submit Form 8857, the IRS will review your situation and determine which kind of spousal support you qualify for. Here are the different types:

  • Innocent spouse: You may qualify if you filed jointly, your spouse underreported their income, and you didn’t know about it.
  • Separation of liability relief: If you’re separated or divorced, you may be able to get this form of relief to avoid paying your ex’s share of taxes after they understated taxes on your joint return.
  • Equitable relief: If the other options don’t apply and if the IRS finds that it would be unfair to hold you responsible for the taxes, you can get equitable relief.

Your best option depends on your circumstances. There’s only one application, and the IRS considers all of the available forms of relief. However, while the IRS makes the final call, our firm will position your application to secure the optimal type of relief.

When you work with us, we craft a narrative supported by the tax code designed to convince the IRS to approve your application based on the option that resolves your case the most effectively.

When Does Innocent Spouse Relief Apply?

Top factors that qualify you for innocent spouse relief include the following:

  • You filed jointly, or you filed separately and live in a community property state.
  • Your spouse (or ex-spouse) underreported their income, claimed excessive deductions or credits, or made another mistake that led to more taxes – without your knowledge.
  • Your spouse underpaid the tax without your knowledge.
  • You were coerced into signing the return.
  • There were other factors where it would be inequitable to hold you responsible.

Keep in mind that this is not an eligibility list. While these criteria apply to most cases, there are other factors that the IRS considers, including your involvement in the family finances and your financial literacy level. Every case is unique – if you’re not sure whether or not you might qualify, reach out, and we’ll look at the situation.

At 20/20 Tax Resolution, we examine our clients’ tax problems from every angle to ensure we get the best possible resolution for their case.

What Happens If You Do Nothing? Why You Should Act Now

You may think spousal relief sounds too complicated. But when you ignore IRS notices or fail to act quickly, these are the risks you may face:

  • Being held responsible for the full tax debt, even though it wasn’t your fault.
  • More serious IRS collections, including liens, tax levies, and wage garnishments.
  • A long-term financial burden that you shouldn’t be responsible for.
  • A missed opportunity for relief if too much time passes

You typically only have two years from the first collection notice or when you learned about the debt. That timeline can be subjective, and you need an expert on your side to build your case.

Act now to improve your chances of quick resolution and innocent spouse relief approval.

How We Help With Innocent Spouse Relief

So, what does it look like to work with us for spousal relief? Here’s a preview of our process:

Review Documentation

We pull your tax transcripts and review your tax returns to get the full picture.

Evaluate Eligibility and Options

We compare your situation against IRS criteria to ensure you qualify for spousal relief. We’ll identify the strongest path based on your unique circumstances.

Build the Case

We then help structure a case that clearly demonstrates your lack of knowledge or other factors that position you to get approved for innocent spouse relief.

Prepare Documentation

Our team helps you fill out Form 8857 and provide any other supporting materials to the IRS.

Communicate with the IRS

We take care of communication and negotiation so you don’t have to worry about talking to the IRS on your own.

File an Appeal

If necessary, we’ll then guide you through the appeals process should the IRS deny your request for relief.

When to Get Professional Help

Innocent spouse cases are complex, and it’s always a good idea to work with a professional. Here are the major signs you should reach out for help now:

  • You’ve been receiving collection notices for a while – you typically only have two years.
  • The IRS has filed a tax lien against you.
  • You’re facing wage garnishments or bank levies.
  • Your ex-spouse isn’t paying the tax debt as outlined in a divorce decree – you had limited knowledge of the debt or were coerced into signing the return.
  • You’re struggling with tax debt and not sure what to do.

If you’re being held responsible for your spouse’s debt, even if you’re unsure if you qualify for relief, contact 20/20 Tax Resolution now.

Why Choose 20/20 Tax Resolution?

There are many options out there for tax help. Why choose us?

  • Experienced in complex IRS relief programs and tax issues
  • Exclusive focus on tax resolution
  • Services for individuals and businesses
  • Understanding of how sensitive financial issues are
  • Personalized approach for each client

Get in touch with us to find out more about our tax services.

Frequently Asked Questions About IRS Spousal Relief

Do I qualify for innocent spouse relief?

To qualify for traditional innocent spouse relief, you generally must have filed a joint tax return, taxes were understated, you weren’t aware of the errors, and the relief you’re claiming doesn’t apply to taxes on your own income or business taxes.

Note that the rules vary depending on the type of relief, and even if you don’t meet these criteria, you may qualify under a different option.

If I’m divorced, can I still qualify for spousal relief?

Yes, you can still qualify if you’re divorced or even just separated. In fact, this can open up additional opportunities than taxpayers have if they’re still married.

What happens if the IRS denies my request for relief?

You have the right to appeal if you don’t agree with the decision. Review your notice for instructions on filing an appeal, or talk to a tax professional. Typically, you only get one chance to appeal, so work with a professional if you’re not already.

What’s the difference between innocent and injured spouse relief?

Innocent spouse applies when you filed jointly and weren’t aware of underreporting by your spouse that led to additional taxes. Injured spouse may apply if your refund was used to cover your spouse’s taxes and you weren’t responsible for the debt.

How long do I have to apply for innocent spouse relief?

You have two years after receiving the IRS notice to request innocent spouse relief.

What if I still owe taxes after an innocent spouse case?

If you get separation of liability relief, you may end up owing some tax debt that was related to your income. Our team can help you apply for reducción de sanciones and set up a resolution such as a payment plan, offer in compromise, or currently not collectible status.

Do states offer innocent spouse relief?

Some do, but not all. Also, some follow the IRS’s rules, while others have their own requirements. Our state tax resolution experience means we know how to develop a strategy that works even when you owe both the IRS and the state.

Contact Us to Get Answers to Your Spousal Relief Questions

Innocent spouse relief cases can be complicated. When you need clarity on eligibility or help with your application, don’t hesitate to get help. The team at 20/20 Tax Resolution is here to guide you through the process and get the best outcome possible.

Contact our team to talk about your case and get started on a resolution.

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