Innocent Spouse Tax Relief with Nick Nemeth
  • August 29, 2017
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Many married taxpayers file a joint tax return to qualify for the tax benefits attached to it. When filing jointly, both spouses are equally liable for all taxes, interests, and penalties that arise from the joint return – even if the couple gets divorced or only one spouse earned all the income or claimed deductions. There can be, however, a case wherein one spouse is innocent of the other’s tax debts, which is why the IRS has innocent spouse tax relief in place to help the innocent spouse get relief from tax debts. Read on to learn more about innocent spouse tax relief and whether or not you qualify for it.

Who qualifies for innocent tax relief?

Under Innocent Spouse Tax relief, a spouse can file for tax relief from the tax liability of the other spouse, only if they fulfill the stipulated eligibility criteria. That said, married couples those who have jointly filed for tax return can apply for Innocent Spouse Relief, even if they had separated. If you are planning to file for the Innocent Tax Relief, you must meet the following criteria.

  1. You had jointly filed the tax return but the return had an understatement of tax because of one spouse’s intentional or unintentional error(s).
  2. When you filed or signed the joint return you were not aware of the understatement of the tax.
  3. All facts and circumstances prove you innocent.

How to request innocent spouse tax relief?

If you believe you fulfill one of the mentioned criteria for filing the Innocent Spouse Tax Relief, you should submit to IRS the Form 8857, or a written statement containing the same information as required in Form 8857, which is signed under penalties of perjury. For more information on filing innocent spouse tax relief, you can refer to publication 971. Once you file the request for relief from joint liabilities, the IRS would notify your spouse of your request and allow him or her to provide justifications regarding your claims.

Wrap Up

During the last few years, the IRS has relaxed many of the qualifying factors for the innocent spouse’s, such as adding a 2-year grace time for the Tax Relief (after the initiation of collection actions). Though the procedure for applying for the relief is now easier, the taxpayer must be aware of the qualifying criteria for a successful resolution. If you are planning to file for the Innocent Spouse Tax Relief, feel free to get in touch with The Law Offices of Nick Nemeth. We can help determine your eligibility for the relief and they way forward, if you do. You can reach us at (972) 426-2553, or fill out our contact form and we will get back with you.

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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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