Married taxpayers often file a joint tax return than filing separately since joint filing provides several benefits including tax savings. This is true especially if one spouse earns more income than the other spouse. But when a tax return is jointly filed, both individuals are equally responsible for the payment of taxes. If one of you underpays your taxes, the IRS can come after both spouses to collect the entire tax dues. Under joint and several liability rules, joint tax return filers remain “jointly liable”, even if they later divorce.
But what if you are now separated and you are not aware of the erroneous reporting or missing tax payments by your ex-spouse? What if one spouse has duped the other spouse information reported to the IRS? These …show more content…
The IRS added the innocent spouse relief option to its Internal Revenue Code to relieve one spouse's responsibility for paying any of the understatement of taxes owed. It does not even require separation to qualify for the "Classic" innocent spouse relief.
Requirements:
1. The two of you filed a joint return that has an understatement of tax or omitted income earned.
2. The erroneous items in the tax return must be due to your spouse and you were not aware about them at the time you put your signature on the joint return. An “erroneous item” includes credits, deductions, exemptions, asset details etc.
3. You will not qualify for this form of relief if you are the cause of tax liability that was created.
You can apply for innocent spouse relief by filing Form 8857 as soon as you become aware of a federal tax liability that you believe should only be the responsibility of your spouse/ex-spouse. You must request relief within two years from the date after the first IRS attempt to collect unpaid taxes from
But what if you are now separated and you are not aware of the erroneous reporting or missing tax payments by your ex-spouse? What if one spouse has duped the other spouse information reported to the IRS? These …show more content…
The IRS added the innocent spouse relief option to its Internal Revenue Code to relieve one spouse's responsibility for paying any of the understatement of taxes owed. It does not even require separation to qualify for the "Classic" innocent spouse relief.
Requirements:
1. The two of you filed a joint return that has an understatement of tax or omitted income earned.
2. The erroneous items in the tax return must be due to your spouse and you were not aware about them at the time you put your signature on the joint return. An “erroneous item” includes credits, deductions, exemptions, asset details etc.
3. You will not qualify for this form of relief if you are the cause of tax liability that was created.
You can apply for innocent spouse relief by filing Form 8857 as soon as you become aware of a federal tax liability that you believe should only be the responsibility of your spouse/ex-spouse. You must request relief within two years from the date after the first IRS attempt to collect unpaid taxes from