Innocent Spouse Relief - When You're Not Responsible for Your Spouse's Tax Debt

Couples filing joint tax returns are held equally responsible for the tax return and the payment of the appropriate tax debt, even if one spouse earned all of the income. In some cases, however, one spouse may have underestimated the tax debt and, unknowingly, the other spouse signed the return. In this case, the innocent spouse may not be held responsible for paying the additional tax debt, penalties, or interest. The rules governing the application of Innocent Spouse Relief are somewhat convoluted, but they can be boiled down to the following:

• The innocent spouse did not know there was an understatement of tax debt and would have no reason to know that there was an understatement of tax debt.
• All or some of the tax debt understatement was the responsibility of and can be attributed to the other spouse.
• It would be unjust to hold the innocent spouse responsible for the actions of the other spouse. For example, if you are divorced or legally separated or have not received any benefit from the understatement of tax debt.

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To apply for Innocent Spouse Relief, you must submit Form 8857. It is strongly advised that you attach any documents that will support your claim for Innocent Spouse Relief or more clearly explain your specific situation regarding the understated tax debt. You should also retain a copy for your records of everything submitted and send your information via certified mail with return receipt requested. This will ensure that the IRS has received and signed for your Innocent Spouse Relief documents. The IRS will review your Innocent Spouse Relief application and respond within 4 months with their decision regarding the tax debt.

Keep in mind that the IRS is legally obligated to notify your spouse (or former spouse) if you are claiming Innocent Spouse Relief. There are no exceptions to this rule, even in situations of spousal abuse or abandonment. However, the government will keep all personal information, such as your current name, address, phone number, place of employment, etc., private and protected.

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There are numerous techniques that can help to protect current and former spouses from tax debt liability that was incurred in a prior marriage. Call us today for a free consultation with a Tax Debt Professional to see if the Innocent Spouse Relief exception is the best option for you.