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Innocent Spouse Relief

financial-hardship Tax Problem Solver

When you file a joint return with your spouse, both of you are liable for all tax, penalties, and interest. Therefore, the IRS or the States can legally go after both spouses or just one of you for the tax debt. But even if you get divorced and the decree says that your ex is responsible for the bill, the IRS can still go after you. Luckily, there is innocent spouse relief (ISR).

Innocent Spouse Relief

financial-hardship Tax Problem Solver

When you file a joint return with your spouse, both of you are liable for all tax, penalties, and interest. Therefore, the IRS or the States can legally go after both spouses or just one of you for the tax debt. But even if you get divorced and the decree says that your ex is responsible for the bill, the IRS can still go after you. Luckily, there is innocent spouse relief (ISR).

When it Comes to Innocent Spouse Relief, don’t be Innocent About Your Responsibility and Your Options.

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Here’s how it works. According to the IRS, when filing jointly, both taxpayers are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise from the joint return even if they later divorce. Joint and several liability means that each taxpayer is legally responsible for the entire amount. Be clear about this part: That means that both spouses filing jointly are on the hook for all the tax due, even if one spouse earned all the income or claimed improper deductions or credits. This is also true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns.

What Are Your Choices?
There are three categories of IRS innocent spouse relief:

There is the classic innocent spouse relief, which provides relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits. For you to qualify, there are very specific requirements and the issue must be related to an understatement of tax owed.

Then there is the separation of liability relief. With this type of relief, the IRS separately allocates the tax owed between you and your ex-spouse or current spouse, as if you filed separately. By the way, this allocation does not have to be split equally and can vary based on who’s responsible for what. In addition, you must be separated or no longer married to qualify.

The third category is equitable relief, where, quite simply, you can apply for this type of relief if you have understated or underpaid tax. This option helps if you don’t qualify for the other types of relief. And in this instance, you must prove that it would be unfair for the IRS to hold you responsible.

When requesting an ISR, there are strict filing requirements. It also helps to submit a letter explaining the situation in detail.

Sound complicated? It can be.  
The process itself is not easy. The IRS will conduct an evaluation of the requesting spouse’s education, work experience, relationship status (still married, divorced, or separated), physical or mental disabilities, and level of involvement in household finances to determine whether the spouse can qualify.

And, just in case you were wondering, simply saying that your spouse lied to you or that you did not know what you were signing is not sufficient to qualify for innocent spouse relief. After all is said and done, innocent spouse relief is very difficult to obtain and is granted on a case-by-case basis.

Give Yourself an Advantage.
You can be assured that this is not an undertaking you want to go into by yourself. Even If you can meet all of the rules set down by the IRS, you may find relief, but your best bet is to have the pros at Tax Problem Solver help you navigate the often-complex waters of innocent spouse relief.

If this is an option that you feel is right for you, the Tax Problem Solver team of eminent tax attorneys and highly qualified tax professionals can help you decide if you are likely to qualify for ISR.

Larry Heinkel and the Tax Problem Solver group offer you the knowledge and guidance only 35+ years of experience in dealing with the IRS can provide.

They leverage this experience on your behalf, helping you determine whether you are a good candidate for relief, how to file the necessary forms and most importantly, represent your situation in a way that will likely get your innocent spouse relief petition approved by the IRS.

You can get many of the answers you are looking for with a FREE consultation from Larry Heinkel and his team at Tax Problem Solver. Relief could be just a click away!

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Larry Talks About How He and The Tax Problem Solver Team will Work with You to Create a Game Plan to Solve Your Tax Debt Situation Before It Gets Worse.

Unlike Our Competitors, We Employ Only Accomplished and Compassionate Tax Attorneys
and Tax Resolution Specialists, Who Work as a Team to Solve Your Problems.

LARRY HEINKEL, J.D. LL.M.
TAX & BANKRUPTCY ATTORNEY

APRIL SERRANO, E.A., CTRS
ENROLLED AGENT &
CERTIFIED TAX RESOLUTION SPECIALIST

PATRICIA O’DONNELL, J.D.
LEGAL ADVISOR

KENTON SANDS, J.D., LL.M.
TAX ATTORNEY
(OF COUNSEL THROUGH SANDS WHITE & SANDS, P.A.)

JOE MCDERMOTT, E.A.
FORMER IRS APPEALS OFFICER

Why You Should Choose the Tax Problem Solver Team!

  • Your case will be reviewed by an expert Tax Attorney and other tax professionals including Certified Public Accountants and Enrolled Agents – on-staff and in-house – at your disposal.
  • Being Tax Attorneys, we have all the available tools at our disposal for your best tax resolution outcome.
  • Experience! For nearly 40-years, I've helped thousands of taxpayers WIN. My team and I know how the IRS thinks and works. Put our experience on your side.
  • We provide personalized attention to the details of each case, representing our clients in all dealings with the IRS including responding to all IRS communications.
  • Even if you haven't filed your taxes for a number of years, we can help get you back on track in restoring your financial security.
  • In most cases, we are able to settle outstanding taxes, penalties, and accumulated interest for a fraction of the amount due.
  • You can trust in our safe & secure site – all your information is held in the strictest confidence and none is ever sold or shared with third parties.
  • We will always go above and beyond to make your tax resolution process easier.

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Are You Ready to Find Out What
You Should Do and Should Not Do?

Choose one of the 3 FREE contact methods that is easiest for you.

Schedule a Call with Us

Click the calendar button below to view our appointment calendar, and choose a day & time, and we’ll call you then.

We look forward to your free consult!

Call Us Now

Click the phone button below to either "click to call" or direct dial a number to speak with us right now.

We look forward to speaking with you!

9-Secrets You Need to Know

When the IRS is after you, you need to be informed. What you say to the IRS can be used against you.
Get My 9 Secrets email series now. I'll also add you to my newsletter.