Innocent Spouses Relief

Spouse Relief in Joint Tax Filings: IRS Exceptions for the Other Spouse

Filing your taxes with your spouse has both benefits and drawbacks.

Married couples file taxes jointly to take advantage of taxes benefits and as a result, they often pay fewer taxes. But if your spouse or ex-spouse files the taxes incorrectly, you could be responsible for taxes and penalties.

Things can get even more complicated if you’re filing taxes while you’re going through a divorce or if your spouse had tax issues that were outside of your control.

A local tax attorney can advise if you qualify for “spouse relief” so you aren’t responsible for your spouse’s (or ex-spouse’s) misfiling or tax debt.

If you’re unsure about how to handle your joint taxes, fill out the form below and speak to a tax lawyer near you.

How the IRS Views Your Joint Filing

When you file jointly with your current or ex-spouse, the IRS views the pair as one entity. This means that both individuals are responsible for the taxes, plus any penalties and interest owed on back taxes.

If you are recently divorced and your ex’s taxes haven’t been paid, the IRS can go after both of you. However, the IRS allows for some exceptions to this rule.

Innocent Spouse Relief, Separation of Liability and IRS Equitable Relief

There are three common forms of spouse relief where one spouse may not be responsible for the other’s tax debt:

• Innocent Spouse Relief: This relieves you from responsibility for taxes, interest and penalties owed if your spouse, or former spouse, improperly reported or omitted earnings or other information on an income tax filing without your knowledge or involvement.
• Separation of Liability: This form of relief divides your tax obligations between you and your former spouse. In order to be eligible, you must be divorced, legally separated, or widowed, and you must not have lived together in the same house for at least 12 months from the date the taxes were filed. You will still need to pay your allotted tax debt.
• IRS Equitable Relief: If you do not qualify for either of the above relief exceptions, yet it would be unfair to hold you responsible for your spouse’s (or ex-spouse’s) mistakes and you meet certain eligibility requirements, you may qualify for this form of relief if you have underpaid or understated taxes.

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How to Resolve Your Joint Taxes

Tax law is not an easy subject to approach.

If you and your current or former spouse are having trouble with your current or back taxes, an attorney can help you sort through the IRS legalese.

Dealing with joint tax debts or going through a divorce is a difficult time for most people. Having to deal with taxes that you may not be liable for can make it even harder.

Connect with a tax lawyer in your area. A tax lawyer is familiar with tax laws and the details of spouse relief.

Receive a free consultation from a local tax lawyer today: