Innocent Spouse

The IRS has tax clause that allows innocent spouse tax relief. The innocent spouse clause of the IRS tax laws relieves the spouse if he or she meets certain innocent spouse tax relief conditions.

Innocent spouse tax relief The innocent spouse tax relief rule has been changed over time. The innocent spouse clause of the IRS applies to married couples filing joint returns. The innocent spouse form is the IRS tax form 8857 or the Request for Innocent Spouse Relief. Before the IRS grants you the innocent spouse tax relief, you must prove that you qualify.

Proving that you are an innocent spouse

In order to obtain an innocent spouse tax relief, it is up to you to prove to the IRS that you are an innocent spouse.

Firstly, if your tax returns contain any errors, you must prove to the IRS that you had no knowledge of the errors. You must prove to the IRS that you did not know about any errors on your tax returns. You can often prove that you had no knowledge of the errors by using a detailed affidavit to explain your situation. If you knew about the errors on your tax returns, you can still obtain an innocent spouse tax relief if you were forced to sign your tax return under duress. If you cannot prove that, then you will not be able to claim innocent spouse tax relief.

Furthermore, to succeed in claiming innocent spouse tax relief, you must prove to the IRS that it is inequitable or unfair to hold you liable for the taxes. If you can prove that you have no way of knowing of any errors or fraud and have no part of cheating the IRS and are also a victim of the fraud, then you are likely to be granted the innocent spouse tax relief.

In addition to filing the innocent spouse form, you also have to file an election seeking innocent spouse treatment within two years after you become aware of the collection action that the IRS started against you. Some ways the IRS can collect from you are way levy, bank levy, and notice of filing federal tax liens.