Need to know about innocent spouse relief
  • March 6, 2020
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If you and your spouse file joint tax returns, you are both equally liable for your taxes. In other words, the IRS can collect payment from both of you. Even if you are currently no longer married, your responsibility for any tax liability doesn’t change. However, there are certain situations under which you can get IRS debt help through innocent spouse relief. If you are wondering whether this is a possible solution for you, read the blog post below!

Related Blog: Get Rid of a Tax Lien from Your Credit Report and Property

What Is Innocent Spouse Tax Relief?

If you can prove that you were not aware and had no way of knowing about tax liability, you might be able to get innocent spouse relief. You can apply for this type of IRS debt relief once you gain knowledge of any tax liability for which you believe you shouldn’t be responsible. However, you should be aware that this innocent spouse tax relief is mainly available to those that are no longer married.

In Texas, access to innocent spouse relief is determined by different guidelines than in other parts of the country. If you are seeking innocent spouse relief in Dallas, working with a local tax attorney is in your best interest.

Do You Qualify For Innocent Spouse Relief?

To get innocent spouse relief, you must be able to prove that the joint liability in question belongs only to your spouse. However, if you have already settled with the IRS for the same liability through an Offer In Compromise or other agreement, you can no longer receive innocent spouse relief. Additionally, if you have asked for relief from the court before and your request has been denied, you are not eligible to receive innocent spouse relief. Finally, it is important that you take action within the 2-year statute of limitations in order to receive this IRS debt relief.

Related Blog:Looking For Ways to Settle Your IRS Debt at a Lesser Amount? Here’s Help!

How To Apply For Innocent Spouse Relief?

To request Innocent Spouse Relief you will have to complete the innocent spouse relief Form 8857. Through this form, you need to furnish the IRS with detailed information on your finances, living arrangements, and marital status. After you have made your claim to the IRS, the agency will reach out to your former spouse. Written notification is sent to both people involved so that both parties have an opportunity to appeal.

Bottom Line

Innocent Spouse Relief is a form of IRS debt relief that helps you escape joint tax liability. If you have recently come to the knowledge of tax liability you knew nothing about and for which are not responsible, this can be a good option for you. At the Law Offices of Nick Nemeth, our experienced team can help you determine whether this IRS debt relief option is the best choice for you. Reach out to our experienced tax attorneys and schedule a free consultation! Just call (972) 426-2553 or fill out our contact form here.

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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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