According to the IRS, if a joint tax return is signed by each party and filed, both parties are 100% responsible for any taxes owed. In certain circumstances (separation, divorce, current spouse filed a false return, etc.), a petition to remove the other spouse from the tax liability is acceptable.
How do you qualify for Innocent Spouse Relief?
Several factors are considered when the IRS is conducting an evaluation. According to the IRS.gov, when seeking innocent spouse relief, the taxpayer filing a joint tax return must meet ALL the following conditions:
- You filed a joint return that has an understatement of tax (deficiency) that’s solely attributable to your spouse’s erroneous item. An erroneous item includes income received by your spouse but omitted from the joint return. Deductions, credits, and property basis are also erroneous items if they’re incorrectly reported on the joint return
- You establish that at the time you signed the joint return you didn’t know, and had no reason to know, that there was an understatement of tax and
- Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax
Request your FREE Initial Consultation Today!
Based in and with several offices in Southern California, we proudly represent clients nationwide. Give us a call today at 833-STOP-TAX or send us a message for the exceptional legal counsel you need to resolve your tax issues.