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Innocent spouse relief allows you to avoid being held liable by the Internal Revenue Service (IRS) for a debt incurred by your spouse on a joint tax return. Spouses in community property states who file jointly can be held jointly and separately liable for a debt on the return. When you aren’t aware of your spouse’s error, it can be very frustrating to get an IRS tax bill. A Jacksonville innocent spouse relief attorney could help you seek relief from the agency.
The IRS could hold you liable for your spouse’s unpaid taxes, even if you are divorced or did not have an income reported on the return. It’s crucial that you act quickly after you are aware of the debt owed, as you are only eligible for innocent spouse relief if you request it soon. When you work with the team at TaxSmith, LLC, we can help you quickly and accurately file for relief so that your financial future is not harmed by a mistake you were not aware of.
Our firm has over a decade of tax law experience and is very familiar with the numerous options for tax debt relief. We can bring you reliable and honest legal advice about your situation and how you could resolve your debt. That way, you can make informed choices about your case.
The IRS takes action to recover taxes it is owed. In Fiscal Year 2025, the agency assessed $1.15 trillion in civil penalties on employment taxes. The agency holds you liable for debt owed on a joint tax return, regardless of whether the debt is yours or your spouse’s.
You are liable for the debt, even if you are divorced, are getting a divorce, or had no reported income on the return in question. You are also still liable if a divorce decree states that your spouse was responsible for taxes. If you receive a tax bill from the IRS, you need to act soon to request relief. If you fail to do anything, the IRS will eventually begin taking collection actions to recover the debt, such as removing funds from your bank account or wages.
You might get relief as an innocent spouse if the following are all true:
The error can include underreported income, incorrectly valued assets, incorrect deductions, and incorrect credits. You can only get relief for the IRS tax that is owed from your spouse’s employment or self-employment income.
In most cases, you are not eligible for innocent spouse relief if you know about the error. This includes having actual knowledge and being in a situation where a reasonable person would have known. Actual knowledge involves the following:
The IRS assesses each case on an individual basis before reaching a decision on whether to allow relief. Innocent spouse relief laws do provide exceptions to having knowledge of the error when you are a victim of domestic violence and abuse. You could still get relief if you:
Other factors might influence your case. For example, if you signed an offer in compromise with the IRS for the same tax year, you cannot get innocent spouse relief. If the IRS denies your request for relief, you can still appeal the decision. The IRS closed 1,871 appeals of innocent spouse relief cases in Fiscal Year 2025.
It may be hard to get innocent spouse relief, but it depends on your situation. There are many requirements to qualify, like not knowing the errors your spouse made and living in a community property state. You also need to file quickly when you learn of the debt. You are unlikely to be approved for relief if you don’t meet the qualifications. When you work with an attorney, they can assess whether you have an innocent spouse relief case.
A tax debt qualifies for innocent spouse relief if:
Because you can be liable for the debt even if you and your spouse have separated, it’s a useful tool that the IRS provides for debt relief.
The time it takes to get innocent spouse relief can vary, but it typically takes six months or more. When your case is more complicated, it may take longer to resolve. When you hire an innocent spouse relief attorney, they can estimate a potential timeline for your case. After a final decision is made, both you and your spouse have the option to appeal it, which can lengthen the process.
An example of innocent spouse relief would occur if your spouse underreported their income on a joint tax return, and you were not aware of their error. When your spouse’s proper income and owed tax are assessed, the IRS will look to collect what is owed. When the IRS holds you and your spouse liable for the debt, you may apply for innocent spouse relief so that you are not held liable.
The team at TaxSmith, LLC, can determine if you qualify for innocent spouse relief and review other potential options for debt relief. We can represent you in negotiations with the Taxpayer Assistance Center office, located in Jacksonville at 400 West Bay Street. Contact us today for a consultation with our trusted tax relief attorney.
Tax problems can quickly become overwhelming, whether you’re facing an IRS audit, payroll tax issues, mounting penalties, or collection actions that threaten your financial future. From IRS audit defense and Trust Fund Recovery Penalty investigations to Innocent Spouse Relief, Offer in Compromise negotiations, and penalty abatement requests, navigating the federal tax system requires experienced legal guidance. Tax Smith LLC helps individuals and businesses throughout Jacksonville resolve complex tax disputes while working toward practical, long-term solutions that protect their financial well-being.
Serving Jacksonville and communities throughout Northeast Florida, Tax Smith LLC focuses exclusively on federal tax controversy and IRS resolution matters. The firm represents taxpayers in cases involving IRS audits, unpaid tax liabilities, Trust Fund Recovery Penalties, Innocent Spouse Relief, Offers in Compromise, penalty abatement, installment agreements, and other complex tax matters. By combining extensive knowledge of federal tax law with a personalized approach, Tax Smith LLC works to minimize financial exposure while helping clients confidently navigate every stage of the IRS resolution process.
From businesses operating in Downtown Jacksonville to taxpayers throughout Southside, Arlington, and the Beaches, as well as matters involving the IRS Jacksonville Taxpayer Assistance Center, Tax Smith LLC understands the challenges Florida taxpayers face when dealing with the Internal Revenue Service. Whether you need assistance with an IRS audit, Trust Fund Recovery Penalty investigation, Innocent Spouse Relief claim, or another tax controversy, partnering with experienced tax counsel can make the difference between facing aggressive IRS enforcement alone and achieving a resolution that protects your finances, business, and future.
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