Innocent Spouse Relief Attorney

Many married couples file joint tax returns each year with the Internal Revenue Service (IRS). If either spouse underreports their income or otherwise fails to pay their full income taxes, both spouses can be held liable separately and jointly. Innocent spouse relief is a form of tax debt relief that can prevent you from being held liable for your spouse’s debt for an error they made on the return.

A Tax Attorney for Your Innocent Spouse Relief Case

When you are informed that you owe the IRS a tax debt that you weren’t aware of, because of a mistake made by your spouse or ex-spouse, it can be very frustrating. Innocent spouse relief can be an essential tool to prevent you from dealing with the financial consequences of this issue.

At TaxSmith, LLC, we have more than a decade of tax law experience, and we understand the options for tax debt relief. If you are unsure whether you can apply for innocent spouse relief, our team can provide transparent legal advice and guidance. It’s important to act quickly before the IRS takes further action, such as wage garnishment or bank levies.

Understanding Innocent Spouse Relief

When the IRS is owed back taxes, it takes the necessary steps to recover that debt. The IRS assessed more than $17.8 billion in penalties on delinquent returns and launched over 163,000 investigations into delinquent taxpayers. Married couples that file jointly are liable for any debt on the return, even if:

• You and your spouse are getting a divorce
• Your spouse was considered responsible for taxes in a divorce decree
• You did not earn any reportable income on a tax return

If you receive a notice of an unpaid tax, you must act quickly. If the agency does not hear anything from you after a notice and tax bill, they may take collection actions against you, as well as your spouse. This can include seizing funds in your bank account, taking a portion of your income, or placing liens on your property.

When the debt was caused by your spouse, and you weren’t aware of it, you could avoid liability. In 2024, the IRS received 1,405 innocent spouse relief cases and closed 1,140 of them.

Qualifications for Innocent Spouse Relief

Innocent spouse relief only applies to debt incurred by your spouse for their income taxes. Your spouse may have underreported their income, taken deductions or credits that they didn’t qualify for, improperly valued assets, or otherwise underpaid the IRS for the income taxes. You might be able to qualify for innocent spouse relief if all of the following are true:

1. You and your spouse filed jointly
2. The taxes owed were understated because of mistakes on the tax return
3. You were not aware of the errors and could not reasonably have known
4. You are in a community property state

The IRS will consider each case based on its unique factors. For example, there can be exceptions for spouses who were victims of domestic abuse. Even if you knew about the errors on the tax return, you could still qualify for innocent spouse relief if you were threatened or pressured into signing the joint return, you were afraid to challenge the errors on the return, or you were a victim of abuse before the return was signed.

When Can You Not File for Innocent Spouse Relief?

You cannot file for innocent spouse relief if:

1. You entered into an offer in compromise with the IRS in that tax year
2. You agreed to a closing agreement with the IRS for the same taxes
3. You knew about the errors on the return
4. Someone in the same circumstances as you reasonably would have known about the errors
5. A court determined you did not get relief
6. You were involved in a court proceeding related to the tax debt and did not request relief

You may also be denied relief if you waited too long to act and request innocent spouse relief.

FAQs About Innocent Spouse Relief in Florida

What Is Innocent Spouse Relief?

Innocent spouse relief is a form of tax debt relief offered by the IRS, which allows spouses to request tax debt forgiveness for debt created by a spouse under certain circumstances. You may be able to get this type of relief if your spouse underpaid their income taxes on a joint tax return, and so the IRS is holding you liable. You must have been unaware of the errors and could not reasonably have known about them.

How Hard Is It to Get Innocent Spouse Relief?

It can be difficult to get innocent spouse relief, as you must meet specific qualifications, including living in a community property state, being unaware of the errors your spouse made, and filing for relief as soon as you are aware of the debt owed. It is much easier to obtain this relief if you work with an experienced tax attorney, as they can determine whether you qualify and whether it is the most appropriate method of tax forgiveness.

What Is the Difference Between Injured Spouse Relief and Innocent Spouse Relief?

Injured spouse relief and innocent spouse relief are two different types of tax debt relief offered by the IRS. Injured spouse relief allows you to recover your tax return from the IRS if it was used to cover your spouse’s tax debt in a joint tax return. Innocent spouse relief prevents you from being held liable for a debt incurred by your spouse on a joint tax return.

What Is the Statute of Limitations for Innocent Spouse Relief?

The IRS states that you should request spouse relief as soon as you become aware of the taxes that you owe to the agency. Generally, you should apply within two years of receiving a notice. That doesn’t mean you should wait, however. Failing to request relief when you learn of the tax could still result in the denial of relief. When you hire a tax lawyer, they can help you prepare your application properly.

Hire a Tax Lawyer at TaxSmith, LLC

When you owe tax debt, the attorneys at TaxSmith, LLC can help you determine your options for reducing or eliminating the debt, including innocent spouse relief. Reach out to our firm today.