By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.

What does innocent spouse mean with the IRS?

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.

What qualifies as an innocent spouse?

You must meet all of the following conditions to qualify for innocent spouse relief: You filed a joint return that has an understatement of tax 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.

How do you prove innocent spouse relief?

To qualify for innocent spouse relief, you must meet all of the following conditions:

  1. You must have filed a joint return which has an understatement of tax;
  2. The understatement of tax must be due to erroneous items of your spouse;

What is the difference between injured spouse and innocent spouse?

Answer: From the viewpoint of the IRS, an injured spouse and an innocent spouse are quite different. You may qualify as an injured spouse if your joint income tax refund was held back and applied toward your spouse’s past due liability for certain debts, including defaulted student loans, taxes, or child support.

Can the IRS come after me for my spouse’s taxes?

The IRS cannot come after you for your spouse’s taxes if they incurred their debt before you said, “I do.” Any tax debt your partner accumulated before marriage is their own responsibility, which means your tax refund is protected.

Is spouse responsible for IRS debt?

If you filed tax returns jointly when married, both spouses are liable to the IRS. That means they can collect 100% of the debt (tax, penalties, and interest) from either spouse. This is true after divorce, even if the spouse that is obligated per the divorce decree, fails to pay.

What are the four types of innocent spouse relief?

There are three distinct types of Innocent Spouse Relief;

  • Innocent Spouse Relief. By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse did something wrong on your tax return.
  • Relief by Separation of Liability.
  • Equitable Relief.

Can the IRS take my refund if my husband owes child support?

Yes. His refund can possibly be garnished for past due child support. You may be able to file an Injured Spouse claim on Form 8379.

Can the IRS take my refund if my husband owes back taxes?

Unfortunately, yes, the IRS can seize your house or assets, even if your spouse is the one who owes money to the IRS. This only happens if the debt was incurred during a year where you filed jointly on your tax return.

Can the IRS take my house if my husband owes back taxes?

Is a spouse responsible for tax debt?

Does the IRS forgive debt?

It is rare for the IRS to ever fully forgive tax debt, but acceptance into a forgiveness plan helps you avoid the expensive, credit-wrecking penalties that go along with owing tax debt. Your debt may be fully forgiven if you can prove hardship that qualifies you for Currently Non Collectible status.