If the Internal Revenue Service (IRS) is pursuing delinquent taxes from you arising out of a joint return you signed with your spouse, you may have a path out of liability. If you qualify, the IRS could grant you innocent spouse relief.
Contact a Fairfax innocent spouse relief lawyer at Pontius Tax Law to learn about this option. Our trusted IRS collections attorney and other tax professionals on our team are committed to helping you resolve your tax debt as efficiently and effectively as possible.
You Are Liable for Tax Owed on Any Return You Signed
When a married couple files their federal taxes jointly, each must sign the return. By signing, each spouse is affirming that the return is true and correct to the best of their knowledge. The IRS can hold either spouse liable for the full amount of any underpaid tax, plus interest and penalties.
A spouse with little involvement in the couple’s finances could face substantial liability even though they had no reason to question the return when they signed it. The law recognizes that holding a spouse liable in this situation could be unfair.
Innocent spouse relief could be an option in Fairfax when your current or former spouse is solely responsible for underpaying your tax and you had no reason to suspect the underpayment. Our attorney could review your circumstances to determine whether applying for innocent spouse relief is viable in your case.
Qualifying for Innocent Spouse Relief
You can apply for innocent spouse relief even if you remain married to your spouse. If you are no longer living with them, you are liable for any underpayments on a joint return notwithstanding the provisions of a divorce or separation agreement.
You must make a formal application within two years of the date the IRS began collection efforts against you. Our Fairfax attorney can help you prepare Form 8857, which you must file to request innocent spouse relief.
The taxpayer requesting relief has the burden of proving that they qualify for this offering. You must have filed a joint return with your spouse and the return must contain an error or omission that results in understated tax liability for that year. You must also be able to demonstrate that you did not know, or have reason to know, that the return understated your tax liability, and that it would be unfair to hold you liable under the circumstances.
How Do You Prove You Could Not Have Known of the Error?
The IRS will evaluate your Form 8857 to determine whether it seems credible that you would sign a joint return without understanding that it contained an error. The IRS may reject your application if it believes that you probably knew or should have known that the joint return understated your tax liability.
If your educational or professional background make it likely you understood the return and should have noticed the underpayment, the IRS may reject your application. On the other hand, if you can show your relationship with your spouse was coercive or abusive, the IRS might acknowledge that you had no power to refuse to sign the return. We could help you make a persuasive case for innocent spouse relief.
Explore Innocent Spouse Relief With a Fairfax Attorney Today
If the IRS is pursuing you for back taxes due to an error your spouse made on a joint return, contact a Fairfax innocent spouse relief lawyer immediately. Our team of tax professionals includes former IRS Revenue Officers, so you can be assured your tax matter will be handled by someone familiar with IRS procedures. Do not bear the stress of IRS collection efforts alone—get in touch with us today.