Orlando Innocent Spouse Relief Attorney

Experienced Innocent Spouse Relief Lawyer in Orlando, FL

When you file a joint tax return with your spouse, you are both separately and jointly liable for the taxes you owe the Internal Revenue Service (IRS). Even if you divorce, you are still liable for past jointly signed tax returns. If you are receiving bills for a spouse’s underpaid income tax, you might qualify for innocent spouse relief. An experienced Orlando innocent spouse relief attorney can assess your case and protect your financial future.

Work With a Skilled Orlando Innocent Spouse Relief Lawyer at TaxSmith, LLC

You can be liable for your spouse’s unpaid debt, even if you are separated, and your divorce decree stated that they were liable for taxes. You can even be liable if you didn’t report any income on the return. This can be incredibly frustrating. At TaxSmith, LLC, we have spent over a decade helping taxpayers find debt relief. We can offer reliable and clear legal advice for your innocent spouse relief case. That way, you can make sense of your situation and assert your rights.

It’s important to act quickly to get relief if you are being held liable for your spouse’s debt. The IRS could eventually take collection actions against you, harming your financial well-being and standing with the agency. Our firm can assess whether you qualify for innocent spouse relief under the innocent spouse relief laws. If so, we can help you file for it and represent your interests with the IRS.

Matter Types We Handle in Orlando, FL

Who Qualifies for Innocent Spouse Relief in Orlando?

When you file a joint tax return with your spouse, you are both separately and jointly liable for the taxes in the return. If your spouse failed to pay all their required employment or self-employment income taxes, the IRS may also send you bills and take collection actions if you ignore those bills. Your spouse may have failed to report all their income, wrongfully taken a credit or deduction, or misvalued an asset.

You might qualify for innocent spouse relief if:

1. The taxes were on a joint tax return you filed with your spouse.
2. The taxes were understated because of an error.
3. You didn’t know and could not reasonably have known about the error.
4. Your marriage was in a community property state.

All these must be true for you to qualify.

How the IRS Defines Knowledge of Your Spouse’s Error

The IRS denies innocent spouse relief if you had actual knowledge of the error, or a reasonable person in the same situation as you would have known about the error. You have actual knowledge if you knew:

1. About the income your spouse earned that they did not report
2. That your spouse did not qualify for a credit or deduction that they took
3. About improperly valued expenses

However, there are some exceptions. You could still qualify for innocent spouse relief if you were a victim of domestic violence. You could qualify if you knew the error, but any of the following were true:

1. You were a victim of abuse before you signed the return.
2. You did not correct or challenge the error out of fear.
3. You were threatened or pressured to sign the return.

Each case is assessed on its own unique factors.

What Prevents You From Getting Innocent Spouse Relief?

In addition to having knowledge of the error, you are ineligible for innocent spouse relief if any of the following is true for the tax year you are requesting relief:

1. You entered into an offer in compromise with the IRS.
2. You entered into a closing agreement with the IRS.
3. A court made a final decision denying you relief.
4. You were involved in a related court proceeding and failed to request relief.

If you fail to apply for relief soon after knowing that you are liable for the debt, this can also disqualify you.

You can still appeal a denial. The IRS had 1,633 appeals of innocent spouse relief cases in Fiscal Year 2025, and it closed 1,871 appeal cases in the same year.

FAQs About Orlando, FL Innocent Spouse Relief Law

Who Qualifies for Innocent Spouse Relief?

You might qualify for innocent spouse relief if your spouse underpaid their income taxes on a joint tax return, but you didn’t know about the error. There are other qualifications, such as living in a community property state in your marriage. The IRS will also assess whether you should have reasonably known about the mistake. This tool is incredibly useful for individuals who are liable for a spouse’s or ex-spouse’s debt that they were unaware of.

How Can You Prove Your Case for Innocent Spouse Relief?

You must prove that you didn’t know or reasonably could not have known that your spouse made an error that led to an underpayment on their income tax. You may have to show that:

• You were unaware that assets were improperly valued.
• You did not know that your spouse earned income that they failed to report.

When you hire an innocent spouse relief attorney, it is easier to determine the evidence needed to prove that you qualify for relief.

How Long Does It Take for Innocent Spouse Relief to Be Approved?

Every case is different, but it takes the IRS up to six months or longer to review a request for innocent spouse relief. It’s important to continue paying your taxes as you normally would during this time. Some cases are more complex and may take a while to resolve. If your request is denied, you can appeal the decision. Your spouse can also appeal a decision they disagree with. Appeals can make the process longer.

Where Do You Send an Innocent Spouse Relief Form?

Where you send an innocent spouse relief form should be listed on Form 8857, the Request for Innocent Spouse Relief. The address to send the form was changed in 2024, so forms prior to this date will not have the correct address. You should not file this form with a tax return. When you work with an attorney, it can be easier to fill out and file your form.

Hire an Innocent Spouse Relief Attorney in Orlando for Trusted Tax Relief Services

TaxSmith, LLC, can help you find debt relief if you are being held liable for your spouse’s debt or can’t afford your tax debt. There is an IRS Taxpayer Assistance Center office in Orlando, which offers in-person support for taxpayers. Our firm can represent you in negotiations with the IRS if necessary. Reach out today.

Serving Orlando and Central Florida

Federal tax issues can threaten your personal finances, business operations, and long-term financial stability. Whether you’re under investigation for a Trust Fund Recovery Penalty or seeking Innocent Spouse Relief, navigating the IRS without experienced representation can be overwhelming. Tax Smith LLC helps taxpayers throughout Orlando resolve complex federal tax disputes while pursuing solutions that minimize financial burdens and protect their future.

Serving Orlando and communities throughout Central Florida, Tax Smith LLC focuses entirely on IRS tax controversy and resolution matters. The firm represents individuals and businesses facing Trust Fund Recovery Penalty investigations, Innocent Spouse Relief claims, IRS audits, penalty abatement matters, Offer in Compromise negotiations, and other federal tax disputes. Every client receives personalized representation designed to achieve the best possible outcome.

From businesses near Downtown Orlando and Lake Nona to taxpayers throughout Orange County and along Interstate 4, State Road 408, and Florida’s Turnpike, Tax Smith LLC understands the unique challenges facing Central Florida taxpayers. Whether you need an Orlando Trust Fund Recovery Penalty attorney or Orlando Innocent Spouse Relief attorney, experienced legal counsel can make the difference between ongoing IRS enforcement and securing meaningful tax relief.

Orlando, FL Innocent Spouse Relief Law Additional Resources:

• What Happens If You Ignore IRS Notices in Florida?
• How to Respond to an IRS Revenue Officer in Florida
• IRS Collections Process Timeline
• How to Negotiate With the IRS
• Can a Tax Attorney Negotiate With the IRS to Resolve Tax Debt Issues?