Innocent/Injured Spouse Relief
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Innocent/Injured Spouse Relief
Innocent spouse relief relieves you of responsibility for the tax liability incurred by a spouse or former spouse when filing a joint tax return if the return was incorrect. For example, if a spouse failed to report income, reported income improperly, or claimed improper deductions or credits the innocent spouse would not be responsible for the increased tax due. In order to be eligible, the taxpayer must meet the following conditions:
- Must have filed a combined return with an incorrect underestimate of tax liability including their spouse.
- Must have been completely unaware of the error.
- The taxpayer must ask for relief within two years of the IRS beginning collection.
The IRS must agree that it is appropriate to relieve the taxpayer of the tax in question once the error has been revealed Injured Spouse relief allows you to reclaim money taken from your tax return in order to cover your spouse’s debt. A spouse’s debt may include past-due child support, debts to federal agency, or state income tax obligations.
Contact Our Partners
DeSena Nickerson LLC.
Certified Public Accountants
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