Innocent Spouse Relief

What is Innocent Spouse Relief?

Filing for innocent spouse relief can relieve you of the financial responsibilities inherited to you from your spouse. These responsibilities include penalties, interest  and taxes which results from your spouse improperly filing their tax return. You can use IRS From 8857 to request tax resolution called “innocent spouse relief” and have the tax debt and penalties removed. 

Who Qualifies for Innocent Spouse Relief?

Depending on your circumstance, there are a few different qualifications for innocent spouse relief. Consider if you fall into one of the following situations: 

1. Filed joint tax returns when you were/are married. 

2. Your Spouse filed the joint returns improperly. 

2. Unaware  that the income was incorrectly reported. 

The IRS will consider it unfair to hold you liable for the unpaid taxes and grant you relief only if you fall into one of the above circumstances. 

Three Types of Innocent Spouse Relief

1. Relief by Separation of Liability 

This is when you and your spouse divide the tax amount, including interest and penalties on your joint tax return. 

2. Equitable Relief 

When the IRS examines your situation and concludes that it is unfair to hold one spouse responsible for penalties, interest and tax you may be relieved through equitable relief. The IRS will consider more factors such as economic hardship or spouse abuse. 

3. Innocent Spouse Relief 

If you aren’t aware of your spouse filing your taxes incorrectly you may be excused from interest and penalties.