Innocent Spouse Tax Relief with The Law Offices of Nick Nemeth
  • April 29, 2019
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The IRS offers generous tax deductions when you file your returns as a couple. You can enjoy benefits such as increased chances of qualification for receiving large amounts of Earned Tax Income Credit, the Child and Dependent Care Tax Credit and more. Keeping these added advantages in mind, filing taxes jointly seems sensible from a financial standpoint. When you file jointly as a couple, both you and spouse are equally responsible for the entire tax debt. In such a scenario, if your spouse commits tax fraud and cheats the IRS without your knowledge, you are still liable for the joint tax debt. That is when you need to leverage the provision called Innocent Spouse Tax Relief. If you are on the lookout for a trusted law firm to request Innocent Spouse Tax Relief, the Law Offices of Nick Nemeth has got you covered. To help get you started, we present five things you need to know about Innocent Spouse Tax Relief. Read on.

Qualifications for Innocent Spouse Tax Relief

You must have filed your returns jointly with your spouse for you to qualify for innocent spouse tax relief. If you filed your taxes jointly, here are the three conditions that determine whether you qualify for innocent tax relief.

  1. Your spouse or ex had committed a mistake regarding your financials that led you to understate your tax liability when you filed for your joint tax return.
  2. You prove that you did not know, or had no reason to know that there was an understatement when the return was filed.
  3. The IRS finds it unfair to make you liable for the understatements in your joint returns.

When to file for an Innocent Spouse Tax Relief

You should file for an Innocent Tax Spouse Relief claim no more than 2 years from the date when the IRS first tried to collect taxes from you. Most times, you find it is only one spouse that files the returns while the other signs without going through the documents before signing. If you are not taking part in filing the returns, it is advisable to go through the returns before signing on them.

You are Not Required to be Single

You can file for an Income Spouse Relief even if you are still married to your spouse. To obtain the relief, the spouse requesting for a claim must prove they did not file or failed to file with any fraudulent intentions. They must also show that there were no assets transferred between both spouses for a fraudulent scheme or tax avoidance.

There Must be “Known” Matters

There are cases where you can prove you had no knowledge of over-claimed deductions or income understatements and can still be held liable for tax understatements. A section in Publication 971 outlines an eligibility title of “Actual Knowledge or Reason to Know” which states that if a reasonable person in a similar situation would have known about the tax issues, you remain liable. Therefore, if you did not know, but should have known, liability becomes a possibility. You cannot be granted an exemption if you failed to be vigilant and aware of your joint tax filings.

Wrap Up

If you find yourself in a situation where your spouse filed fraudulent taxes, and you would like to know if you qualify for an innocent spouse relief, look no further—reach out to the Law Offices of Nick Nemeth. We have a team of experienced lawyers who practice in dealing with all sorts of tax relief provisions. For a confidential, no-obligation consultation  fill out our contact form or simply call (972) 426-2553.

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What Our Clients Have to Say

Susan WilsonSusan Wilson
03:27 25 Jan 23
I have been very pleased with the solid counsel and guidance that Nick Nemeth has provided me regarding my tax issue. I found him to be honest and straightforward which I appreciated. I was impressed with his relevant experience and knowledge . He has definitely brought me peace of mind during a difficult and stressful time.
Sarah HowardSarah Howard
03:44 14 Nov 22
I would like to thank Mr. Nick and his staff for the superb help that I received from them. My IRS problem was resolved quickly and efficiently. It took 2 visits to convince me that I was over my head. I thought that I could call the IRS, appeal my tax notices and settle on a payment plan on my own. After many phone calls to the IRS, waiting sometimes more than 4 hours with no resolution to speak of, it proved to be extremely difficult and stressful. Revisiting Mr. Nick was a huge wake up call. My account was reviewed, and a payment plan was established with the IRS within a week. I will be forever grateful to the staff who worked on my case and especially to Lorna who listened to me vent while going through this painful process.
00:33 07 Aug 22
I cannot say enough good things about Nick and his team. When I first met with Nick he was up front, honest, friendly and efficient. When I worked with one of his attorneys, Eric B, I was just as pleased. All of the staff there are nice and very helpful. I wish I hadn't waited so long to get help with my issue. Over 6yrs I tried getting through and getting anywhere with the IRS and hardly made any progress. I know this may not be the case for all, and even I thought it would take longer than it did, but 3mos and they had my situation straightened out. I still can't believe it. Thank you thank you THANK YOU for all that you did for me. This is a huge burden gone out of my life now thanks to you. If anyone needs help out there, I know you may not want to shell out more money to get their help but it may just save you in the long run.
Spoilly GirlSpoilly Girl
23:49 03 Aug 22
The Nemeth Law team is exceptional. They treat their clients like a family member who is in crisis. They want you to get the best possible outcome. I really appreciate everything that they did for me. Jake and Ashley had the greatest role in my case and it all turned out for the best for me. Thank you Nick and team for easing my fears and getting me through the long process. I'm truly grateful.
Eddie WaltEddie Walt
19:44 12 Jul 22
During a time in which competent, professional service at a fair price seems to have disappeared, Mr. Nemeth and his team are a refreshing breath of fresh air.From my first phone call to the final settlement of our case with a non-responsive IRS, they under-promised, over-delivered and were in constant courteous contact to make sure we knew exactly what was happening and where we stood.I hope to never need their services again, but, should I receive another friendly letter from the IRS...I know who to call!
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