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What is Innocent Spouse Relief?
Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse neglected to report income, reported income incorrectly or claimed incorrect deductions or credits.
There are three types of relief from joint and several liability for spouses that submitted joint returns. Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse neglected to report income, reported income incorrectly or claimed wrong deductions or credits without your knowledge. You may be relieved of your obligation for paying taxes if your spouse (or former spouse) inaccurately reported or left out things on your tax return.
Request for Innocent Spouse Relief is an Internal Revenue Service (IRS) tax form used by taxpayers to request relief from a tax liability involving a spouse or former spouse. It's filed with Form 8857. Usually, couples filing a joint tax return are both, jointly, liable for any tax obligation. When additional taxes from unreported income and inaccurate deductions or credits emerge, both partners will continue to be liable, even if they have separated.
Getting a separation doesn't prevent the IRS from considering that both parties maintain joint and several liability for a tax obligation, even if a divorce mandate mentions that only one person is responsible for the tax. According to the IRS, if there is a balance due, a spouse or ex-spouse typically needs to submit Form 8857 within the time period the IRS has to collect the tax. That period is typically ten years from the date the tax liability was analyzed. In the case of a credit or return, you generally should file your request within three years after the date the first return was filed or within two years after the date the tax was paid, whichever is later.
Who Can Submit Form 8857: Request for Innocent Spouse Relief?
The taxpayer seeking relief must submit Form 8857: Request for Innocent Spouse Relief as soon as they become aware of a tax responsibility for which the other spouse or ex-spouse must be solely liable. However, the declaration of Form 8857 does not guarantee the requesting taxpayer will qualify for relief. A few of the qualifications include:
If a taxpayer gets the notice of denial of their request, they have the option to appeal the decision.
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Because of advancements in our technology, we are able to communicate with the IRS electronically, its as if we are in the same office! Faster service and more cost effective!
If you are not happy with our tax services within the initial 21 days, we will give you a 100% refund of services rendered, no questions asked! We help our clients nationwide!
You find it, we will match it! Tax Alliance will match and beat (by 10%) any competitive offer. Contact our office today and receive a free no obligation tax consultation.
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