• Skip to content
  • Skip to primary sidebar
  • Skip to footer

Long Island Tax Resolution Services

  • Home
  • About
  • Blog
  • Free Consultation
  • Testimonials
  • En Español
  • Representation
  • Notices
  • Wage Garnishment
  • Back Taxes Help
  • Unfiled Returns
  • Levy
  • .
  • .
  • Call us at: 631-244-1650
You are here: Home / Archives for IRS TAX RELIEF / Innocent Spouse Relief

Innocent Spouse Relief

December 23, 2014 by James Grennen Leave a Comment

Help! How do I File for Innocent Spouse Relief?

When filing a joint income tax return, there is always the risk of the unknown. Regardless of whether you believe your spouse is filing an honest return, it’s important to remember that your signature connects your name to the document. If something is later found to be illegal, misleading, or wrong, the IRS has the ability to come after both people on the jointly filed tax return. However, there is an option to escape liability if you truly had nothing to do with it.

Innocent Spouse Relief

Under the Innocent Spouse Relief program, the IRS grants exemption to innocent spouses whose names are on jointly filed taxed returns that are deemed to be illegal, wrong, or erroneous. If qualified, the innocent spouse may not have to pay any of the taxes, interest, or penalties owed.

How to File for Innocent Spouse Relief

 Qualifying for Innocent Spouse Relief

In the tax world, innocent tax relief is the closest thing there is to a “get out of jail free” card. But because it is so valuable – and tax evasion is such a serious issue – the IRS does not grant relief without first checking to make sure the “innocent spouse” is actually free of guilt. Here are some of the steps you’ll have to go through to qualify for innocent spouse relief:

  • Satisfy IRS requirements – The first step is to satisfy all IRS guidelines and rules. What the IRS wants to make sure of is that you knew nothing about the financial activity of your spouse.

This means you never shared bank account access or had a means of reviewing activity, your spouse had a separate business that operated independently, and you did not knowingly benefit from the surplus income that was available as a result of the manipulation. Ultimately, it comes down to whether you can prove you signed the return without knowing it was wrong and that it would be unfair to hold you responsible.

  •  Seek timely relief – In addition to the above circumstances, you must file your request within two years after the date on which the IRS began collection efforts. A failure to take action within two years will void your ability to claim innocence. To file, you must fill out a Form 8857.
  •  Answer the questionnaire – After notifying the IRS of your innocence, they will want to officially record your story to verify its validity. They typically do this by sending a questionnaire. While many of the questions are straightforward, it’s best to have a professional review your answers before submitting. You should always be careful when sharing financial information.

8857 Form

 Filing an Innocent Spouse Claim

To file an innocent spouse claim, the IRS asks that you mail or fax the Form 8857. They ask that you do not file it with your tax return or local Tax Court. If using the U.S. Postal Service, it can be mailed to Internal Revenue Service, P.O. Box 120053, Covington, KY 41012. If using a private delivery service, it can be mailed to Internal Revenue Service, 201 W. Rivercenter Blvd., Stop 840F, Covington, KY 41011. If being faxed, it can be sent directly to 855-233-8558.

After the initial Form 8857 filing, it could take up to six months for the IRS to make a determination. They will immediately contact your spouse and notify them of the investigation and will ask for stories from both sides. Even in cases of domestic violence and abuse, the IRS is required to notify the spouse of the investigation. As such, it’s important to weigh all options before filling and seek out appropriate help and protection if needed.

Your spouse will also have the opportunity to file for Innocent Spouse Relief – and it frequently happens. In these situations, the amount of time it takes to reach a verdict may extend beyond the typical six month timetable. Because both spouses often file, it’s important to gather all the facts and details before making a decision. In the end, all of the facts will be uncovered, and the truth is almost always found.

 Finding Help

If you believe your spouse has cheated on your jointly filed tax return, you may want to consider filing for innocent spouse relief. However, if you choose to do so, make sure you are prepared by seeking out the help of a tax professional. A tax professional can guide you through the process, protect your interests, and ensure you are given fair treatment. It’s never a good idea to go through the tax relief process on your own.

 

Filed Under: Innocent Spouse Relief

Primary Sidebar

Search Form

DOWNLOAD A FREE COPY OF THE ESSENTIAL TAX RESOLUTION GUIDE

Cover of the Guide

Your information is safe with us.

Attorney Plus Program

Long Island Tax Resolution Services is Not a Law Firm of Attorney Practice


Please click here to see why our Attorney Plus Program is the smartest way to resolve your IRS or State tax problems.

Be Smart Check List

IRS On Enrolled Agents :

"The Enrolled Agent is the most expansive license that the IRS grants a tax professional.

An Enrolled Agent has earned the privilege of representing taxpayers before the IRS.

Enrolled Agents are generally unrestricted as to which taxpayers they can represent, what types of tax matters they can handle and the IRS offices before which they can practice."


IRS Publication 4693A
(A Guide to the Enrolled Agent Program)

Man trapped by tax

NYS Tax Warrants: What Every Taxpayer Needs to Know

Man thinking. New York State Tax Problems FAQ

10 Frequently Asked Questions about New York State Tax Problems

Top 4 NY State Department of Taxation Collection Actions

Top 4 NY State Department of Taxation Collection Actions and What to Do About Them

Offer In Compromise (OIC): Tips To Getting Yours Accepted

The Penalties for Failing to File a Return or Pay Taxes

Footer

LITRS Company Profile

Long Island Tax Resolution Services specializes in providing affordable solutions to both individuals and small businesses experiencing back tax problems. These are either IRS tax problems or State tax problems.

Resources

Our Process

Privacy Policy

Recent Posts

  • NYS Tax Warrants: What Every Taxpayer Needs to Know
  • 10 Frequently Asked Questions about New York State Tax Problems
  • Top 4 NY State Department of Taxation Collection Actions and What to Do About Them
  • Offer In Compromise (OIC): Tips To Getting Yours Accepted
  • The Penalties for Failing to File a Return or Pay Taxes

Tags

Innocent Spouse Relief IRS Back Taxes IRS Bank Levy IRS Hardship irs notices IRS Offer IRS Penalties IRS Plans IRS Tax Relief IRS Tax Services IRS Wage Garnishment Tax Debts Tax Returns

Locations

Head Office (map above)
    80 Orville Drive, Suite 100Bohemia, NY 11716
    Phone: (631) 244-1650
    Fax: (720) 294-1650
Manhattan Location
    5 Penn Plaza, 23rd FloorNew York, NY 10001
2nd Long Island Location
    626 Rexcorp PlazaWest Tower, 6th FloorUniondale, NY 11556
Westchester Location
    50 Main St, 10th FloorWhite Plains, NY 10606

© Copyright 2014 - 2017 Long Island Tax Resolution Services · All Logos & Trademark Belongs To Their Respective Owners·