What is the IRS innocent spouse rule?

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 for innocent spouse relief?

Innocent Spouse Relief provides you 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.

Who is an innocent spouse?

The Internal Revenue Service (IRS) usually holds that both signers of a joint tax return are individually liable for the entire tax due, plus penalties and interest. Under the innocent spouse rule, a spouse may claim not to be jointly liable if he or she did not know about errors or erroneous items on a joint return.


Can the IRS come after me for my spouse's 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.

What's the difference between injured spouse and innocent spouse?

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.


Introducing: IRS Innocent Spouse Relief



Can you go to jail for filing single when married?

To put it even more bluntly, if you file as single when you're married under the IRS definition of the term, you're committing a crime with penalties that can range as high as a $250,000 fine and three years in jail.

Can the IRS deny injured spouse?

Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.

How do I file IRS innocent spouse relief?

Where to File. Mail your completed Form 8857, Request for Innocent Spouse Relief, to one of the following addresses. The length of time to process your request could increase if you mail your completed Form 8857 to any other office. Alternatively, you can fax the form and attachments to the IRS at 855-233-8558.

What is the statute of limitations for innocent spouse relief?

Credit or Refund – Generally, you must file your request within 3 years after the date the original return was filed or within 2 years after the date the tax was paid, whichever is later.


Can the IRS seize jointly owned property?

Jointly Owned Assets

The IRS can legally seize property owned jointly by a tax debtor and a person who doesn't owe anything. But the nondebtor must be compensated by the IRS, meaning that the co-owner must be paid out of the proceeds of any sale.

What happens when you marry someone who owes taxes?

If you marry someone with a tax debt, you are not responsible legally to help repay those debts. That debt belongs solely to your spouse. Nearly every U.S. state recognizes that a spouse is not liable for premarital debt incurred by the other spouse. This not only goes for taxes but other debts as well.

Do I have to give my ex my tax returns?

A: The answer is “maybe” and the first thing to review would be your existing court order. If it calls for production of tax returns, etc., then that is the controlling order. If not, she has no per se right to your financial documents, and the court rules state that a party has to ask to open post-trial discovery.

What is not a type of innocent spouse relief?

Innocent spouse relief only applies to individual income or self-employment taxes. For example, Household Employment taxes, Individual Shared Responsibility payments, and business taxes and trust fund recovery penalty for employment taxes are not eligible for innocent spouse relief.


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.

How does IRS know if you are divorced?

Hidden assets, undisclosed income and other facts will always become exposed in a divorce proceeding because of the required “forensic audit.” These facts are collected and reported by forensic accountants to property determine the value of all the income and assets for “equitable distribution.” But, the Judge is ...

Do I have to file taxes with my husband if we are separated?

Filing Taxes When Divorce Isn't Final. If you are separated, you are still legally married. While you may think you should file separately, your filing status should be either: Married filing jointly (MFJ)

What qualifies as an injured spouse?

You may be an injured spouse if you file a joint return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, state unemployment compensation debts, child support, or a federal nontax debt, such as a ...


Is it OK to file married but separate?

You can file your federal return as Married Filing Separately even if you reside in a community property state, which is a state where you are required to split equally all assets acquired during a marriage. The following are community property states: Arizona. California.

What is innocent spouse tax form?

Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.

Can I file injured spouse for stimulus check?

Generally, you are an injured spouse if your share of your tax refund as shown on your joint return was, or is expected to be, applied against your spouse's past-due federal debts, state taxes, or child or spousal support payments.

How many years can you claim injured spouse?

Is there a limit to the number of years you can file an Injured Spouse form (8379) - due to an outstanding student loan? There is no limit to the number of year. The instructions for the form specifically state "You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded."


How long does it take the IRS to process an injured spouse claim?

If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

How does the IRS know if you are married?

If your marital status changed during the last tax year, you may wonder if you need to pull out your marriage certificate to prove you got married. The answer to that is no. The IRS uses information from the Social Security Administration to verify taxpayer information.

What happens if I accidentally filed single instead of married?

If the IRS rejects your return, you can make the changes, fix the reason for the rejection and resubmit it. If the IRS accepts your return, you should wait until you receive a refund (if you are getting one) and then you can prepare, print, sign, and mail an amended (changed) return form 1040X to make the changes.

Can I file single If I did not live with my spouse?

If you are still legally married you cannot file as Single. You can file as Married Filing Joint (even if you are not living together but both must agree), Married Filing Separate, or if you qualify Head of Household.