Innocent Spouse Relief
Navigating the IRS Innocent Spouse Relief Application Process
If you’re married and file joint tax returns with your spouse, you may be held responsible for any errors or omissions on those returns, even if you didn’t know about them. However, the IRS offers a program called Innocent Spouse Relief that can provide relief from this burden. This guide will walk you through the steps of filing for Innocent Spouse Relief and help you understand the eligibility requirements.
Understand the Eligibility Requirements.
Before you begin the Innocent Spouse Relief application process, it’s important to
understand the eligibility requirements. To qualify for this relief, you must meet the
following criteria:
- You filed a joint tax return with your spouse that has an understatement of tax, which can be attributed to your spouse’s erroneous items.
- You can prove that at the time you signed the joint return, you didn’t know, and had no reason to know, that there was an understatement of tax.
- It would be unfair to hold you liable for the understatement of tax. This could be due to abuse, financial hardship, or other factors that make it unjust to hold you responsible for the tax debt.
Gather the Necessary Documentation.
Once you have determined that you meet the eligibility requirements for Innocent
Spouse Relief, the next step is to gather all the necessary documentation to support
your claim. This includes copies of your joint tax return, any correspondence with the IRS regarding the tax debt, and any other relevant financial documents. It’s important to be thorough and organized when gathering these documents, as they will be crucial in proving your case to the IRS. You may also want to consider consulting with a tax professional or attorney to ensure that you have all the necessary documentation and to help you navigate the application process.
Complete Form 8857.
Once you have gathered all the necessary documentation, the next step in the Innocent
Spouse Relief application process is to complete Form 8857, Request for Innocent
Spouse Relief. This form asks for detailed information about your marriage, your spouse’s income and assets, and the tax debt in question. It’s important to be honest
and accurate when completing this form, as any false information could result in your application being denied. You may also want to consider including a detailed explanation of why you believe you qualify for Innocent Spouse Relief, as this can help support your case. Once you have completed the form, you can submit it to the IRS along with your supporting documentation.
Submit Your Application to the IRS.
After completing Form 8857 and gathering all necessary documentation, it’s time to
submit your Innocent Spouse Relief application to the IRS. You can do this by mailing the
form and supporting documents to the address listed on the form, or by submitting it
electronically through the IRS website. It’s important to keep a copy of your application and all supporting documents for your records. Once the IRS receives your application, they will review it and make a determination on whether or not you qualify for Innocent Spouse Relief. This process can take several months, so it’s important to be patient and follow up with the IRS if you haven’t heard back after a reasonable amount of time.
Follow Up on Your Application Status.
After submitting your Innocent Spouse Relief application, it’s important to follow up on
its status. The IRS may contact you for additional information or clarification, so make sure to respond promptly. You can check the status of your application online through the IRS website or by calling the IRS directly. If you haven’t heard back from the IRS after a reasonable amount of time, don’t hesitate to follow up and inquire about the status of your application. Remember, the Innocent Spouse Relief process can take several months, so patience is key.
