Innocent Spouse

Are you an innocent spouse? Do you qualify for innocent spouse relief?

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.

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We have resolved 100% of our innocent spouse matters in favor of our client!

This type of tax relief would relieve you from paying penalties, interest, and additional taxes if your spouse downplayed the taxes due on the joint tax return without knowing about it. When filing joint tax returns, you and your spouse are liable for the tax bill; however, the innocent spouse tax relief is a means to steer clear of it. The reserve is specifically for taxes due on the income from your spouse, whether employed or self-employed. You cannot claim spouse relief for taxes owing on your income, business taxes, or house employment taxes. Some of the errors that may cause downplayed taxes are:

• Inaccurate figures are given for assets.

• Incorrect credits or deductions.

• Income needs to be reported. Filing a joint tax return with your spouse makes both of you liable for any penalty, tax, or interest due, regardless of how you file it. This liability applies even if you later on divorce, your spouse earned all the income, or a divorce injunction states that your spouse is liable for the taxes. Qualifications for innocent spouse relief Getting spouse relief is not a walk in the park as the IRS can only allow the request making the process go on for as long as 24 weeks.

The most important factors that you should never forget when requesting an innocent spouse relief are:

• Proving your innocence.

• The error must be attributable to the spouse or ex-spouse.

• Must have jointly filed taxes.

• There must be plausible circumstances.

The International Revenue Service checks everything

starting from the kind of error to your financial state, to education, participation in the activity that brought about the problem, and so on. They also consider impartiality when figuring out whether to offer the innocent spouse relief, looking at whether you benefited from the error made to your marriage and whether your spouse abandoned you. How do you file for an innocent spouse relief with the IRS? The International Revenue Service determines the tax you are obligated to pay. There are a number of things to consider if you think you are eligible for the tax relief:

• IRS is entitled to inform your ex-spouse or spouse that you have applied for tax relief. Telling them allows them to provide additional information about the claim.

• IRS will amass the penalties, tax, and interest from the spouse.

• If you have paid a part or the entire tax bill, IRS will pay back only the tax that was paid with your own money.

• If any part of the penalty, tax, or interest does not qualify for tax relief, both parties are accountable for that part of the bill.

• Some taxes, such as employment taxes and individual shared responsibility payments, do not qualify for spouse relief. Types of innocent spouse relief

• Equitable relief- If you live in a community property state such as Washington, New Mexico, Arizona, Texas, or California, they consider income as shared. Therefore, if you did not file a joint return but are held responsible for your spouse’s error, you can opt for equitable relief. On the other hand, IRS can grant relief if you did not pay the tax but the return was correct.

• Separation of liability relief- This is where the IRS allows you and your spouse to pay your share of the tax bill. However, it would be best if you were widowed, legally separated, or divorced and not have lived with the other party for twelve months before requesting the relief. Did your spouse commit errors on a joint return?

Do you think you are qualified for an innocent spouse relief?

Reach out to us as soon as possible for a complimentary consultation. We are proud to say that we have resolved all of our innocent spouse cases in favor of our clients! The Pietro Canestrelli Law Office is based in San Diego and Temecula, California.

The team is exceptionally committed to listening to all your issues concerning tax controversies and law issues in the state of California. We are more than happy to discuss your case with you and offer a free consultation at your convenience. Call us today to book an appointment.