Innocent Spouse Relief
Has your refund been seized for your spouse’s tax balance? Maybe they made an error on your jointly filed tax return. The good news is, the IRS provides a few different pathways to prevent you from being held responsible for your spouse’s tax burden. In order to qualify for Innocent Spouse Relief you must meet all of the following criteria:
1. You filed a joint return.
2. There is an understated tax on the return that is due to items that were inaccurately reported by your spouse (or former spouse).
3. You can show that when you signed the joint return you did not know, and had no reason to know, that the understated tax existed (or the extent to which the understated tax existed).
4. Considering all the facts and circumstances, it would be unfair to hold you liable for the understated tax.
Even when you believe you clearly qualify, the IRS will attempt to prove you don’t. It takes an experienced tax professional to guide you through this process and ensure the IRS sees the reality – that you shouldn’t be held responsible for this debt. If you don’t qualify for Innocent Spouse Relief, there are still other options such as Separation of Liability relief or Equitable Relief which fall under the same umbrella as Innocent Spouse. If you think you may qualify, call our team – we can help get you through this process.
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IRS Tax Resolution Roadmap
Meet with us to determine if resolution is the right path and what options might be available.
File power of attorney form and determine if all required returns are on file per IRS guidelines.
Prepare forms that outline all equity in assets and monthly disposable income (MDI) for the three most recent months.
Negotiate to secure resolution-based upon financial analysis.