15 Minute Phone Tax Consultation
When filing income taxes jointly with the IRS, even if later divorced, each spouse is held jointly and severally liable for the tax debt including additions for unreported or underreported income. In other words, each spouse can be held liable for the full amount of the tax debt. Innocent spousal relief provides relief from additional taxes owed due to a spouse or former spouse failing or improperly reporting income, or claiming improper deductions or credits. When filing for relief you may seek innocent spouse relief, separation of liability, or equitable relief.
You may wish to seek innocent spousal relief if you filed a joint income tax return which has an understatement of tax due to erroneous items of your spouse, that you were unaware of at the time of filing the tax return. It is important to note that innocent spousal relief must be requested within 2 years after the IRS began collection activities against you.
You may wish to seek separation of liability if you filed a joint income tax return which has an understatement of tax due and are seeking to allocate the amount of the understated tax owed between yourself and your former spouse and are divorced, legally separated, widowed, or have not been a member of the same household for the past 12 months. It is important to note that separation of liability must be requested within 2 years after the IRS began collection activities against you.
You may wish to seek equitable relief if you do not qualify for Innocent Spousal Relief or Separation of Liability or if the correct tax was reported on your returns, but was not paid. For equitable relief we must establish that it would not be fair to hold you liable for the underpayment or understatement of tax.
Contact the Sheppard Law Offices today at 1-877-505-9455 to receive a free consultation regarding your understated or underpaid jointly filed taxes.
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