Innocent Spouse Relief
When you file a joint return with your spouse you are jointly and severally liable for the tax on that return, plus any interest and penalties. This means no matter the situations you are in, if you file a return with your spouse and you owe money, you are presumed to owe it as well. However, under certain situations, you can reduce or remove this liability by claiming to be an innocent spouse.
3 Types of Situations Exists:
Innocent spouse relief
Even though you signed a joint return, you want to only be liable for the tax that you are responsible for. This is based on your income and other factors and your spouse is then liable for whatever you are not.
Separation of liability relief
Even though you signed a joint return, you want to only be liable for the tax that you are responsible for. This is based on your income and other factors and your spouse is then liable for whatever you are not.
Equitable relief
This applies when it would not be fair to hold you liable for the tax that is outstanding on a joint return. Also, when the liability is attributable to your spouse and you do not qualify for innocent spouse relief or separation of liability relief.
The rules are long and complicated but do not be stuck with your spouses tax debt!
We can help fight back. Contact us today and we can see if you qualify.