All You Need to Know about Innocent Spouse Tax Relief with The Law Offices of Nick Nemeth
  • July 12, 2019
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Although filing a joint return has its tax advantages, it has certain downsides too. When you submit a joint return along with your spouse, you are jointly and equally responsible for all the tax liabilities on tax return and penalties. This implies that if you don’t have any income or are unaware of the filed return details, you are still equally liable for tax payment. Based on your situation, you may be eligible for Innocent Spouse Tax Relief, that can provide you an exception to the general rule of joint liability. If you believe you may qualify and need a reliable law firm to claim Innocent Spouse Tax Relief, The Law Offices of Nick Nemeth will help you with the best course of action. To help you get started, we present all you need to know about the different types of tax liability relief under Innocent Spouse Relief. Read on.

Types of Innocent Spouse Relief

1. Traditional Innocent Spouse Relief

This type of tax liability relief relieves you from additional tax assessed against your total joint return due to the incorrect claim made by your spouse or former spouse. There are two criteria to claim this relief:

  • Presence of a wrong item on the joint return, which is solely attributable by your spouse. This item could be an income which your spouse failed to report or an inaccurately claimed credit or deduction.
  • There is an understatement of tax on your return which you are unaware of.

2. Separation of Liability

Separation of Liability will only give you partial relief in case of an additional tax assessed from your joint return. The IRS agrees to distribute equal portions of the debt to both the spouses individually. In order to get relief from joint tax liability under Separation of Liability, you should meet one of the following criteria:

  • You are divorced or legally separated from your spouse.
  • You are widowed.
  • Both of you are living in separate households during the last one year since you filed for a joint return.

3. Equitable Relief

You can claim this relief if you do not qualify to go for the other two Innocent Spouse Relief. If the IRS believes that it is unfair to hold one spouse accountable for the total tax debt, it goes for this catch-all variation of tax liability relief. However, it does not require the presence of an incorrect item on the joint return. Instead, it can be granted if the return was not paid after being adequately stated.

The Bottom Line

Applicants generally have 2 years to claim Innocent Spouse Relief starting from the date when the IRS attempted to collect tax debt from you. If you are not sure of your eligibility for tax relief, or you are receiving IRS notices, consult a tax attorney who can help you out in reviewing your case. For a confidential, no-obligation consultation with an IRS tax lawyer, 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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