How do you qualify for innocent spouse relief?
Who qualifies for Innocent Spouse Relief?
- You were/are married and filed a joint tax return.
- Your former/current spouse improperly reported income on a joint return.
- You can prove that when you signed said joint return, you either didn’t know or had no reason to know that the income was incorrectly reported.
What is the difference between Injured spouse Allocation and innocent spouse relief?
In most cases, innocent spouse relief is limited to taxpayers who are no longer married. In contrast, injured spouse relief applies to taxpayers who are married. An allocation is made as if you and your spouse each filed a separate tax return instead of a joint tax return.
Am I responsible for my spouse’s tax debt if we file jointly?
Amounts Accrued During Marriage – Any debts accrued to the IRS during a marriage in years that both spouses filed joint tax returns are equally owed to the IRS. That is to say, both spouses are liable for those debts.
What happens when you file innocent spouse relief?
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.
How long does it take to process innocent spouse relief?
How long will the process take? When a Form 8857, Request for Innocent Spouse Relief, is filed with the IRS, it may take up to 6 months before a determination is made. During the processing time, the Service is requesting your tax information and contacting the non-requesting spouse.
Can the IRS take my house 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.
How do I appeal innocent spouse relief?
If you made an innocent spouse request that the IRS denied or didn’t fully allow, you can request an appeal if you meet these criteria:
- You filed a Form 8857, Request for Innocent Spouse Relief PDF.
- Your request concerns an unpaid tax reported on your return and/or the IRS determined additional tax.
Will the IRS take my refund if my husband owes?
Yes. The IRS can apply all or part of your joint refund to your spouse’s legally enforceable past-due debt. The joint return had a refund due — all or part of which will be applied against your spouse’s back taxes. You aren’t legally obligated to pay the debt — your spouse is the only one who owes the debt.
How long does innocent spouse relief take?
Can form 8857 be filed electronically?
You can claim innocent spouse relief via form 8857 on eFile.com or complete it separately and mail it in. When you prepare your taxes with eFile.com, the app will help you select and complete the form.
When should I file form 8857?
You must file Form 8857 no later than 6 months before the expiration of the period of limitations on assessment (including extensions) against your spouse or former spouse for the tax year for which you are requesting relief.