Innocent Spouse Relief
When you filed a joint tax return, you became jointly responsible for the entire tax liability.
But if your spouse failed to report income or claimed improper deductions without your knowledge,
you may qualify for relief from this responsibility.
What is Innocent Spouse Relief?
Innocent spouse relief is a provision that may relieve you from paying tax, interest, and penalties if your spouse or former spouse failed to report income, reported income improperly, or claimed improper deductions or credits on a joint return. This relief recognizes that it would be unfair to hold you responsible for tax obligations arising from your spouse’s actions that you were unaware of.
Protection Available
If approved, innocent spouse relief can eliminate your responsibility for additional taxes, interest, and penalties related to your spouse’s unreported income or improper deductions.
When You Might Need Innocent Spouse Relief
- Unreported Income – Your spouse failed to report income from wages, self-employment, investments, or other sources
- Improper Deductions – Your spouse claimed business expenses, charitable deductions, or other deductions that were false or inflated
- False Credits – Your spouse claimed tax credits they weren’t entitled to, such as education or child tax credits
- Hidden Financial Activity – Your spouse engaged in financial transactions or business activities without your knowledge
Types of Innocent Spouse Relief
The IRS provides three different types of relief, each with specific requirements and benefits:
Innocent Spouse Relief
Relief from additional tax due to your spouse’s erroneous items (unreported income, improper deductions/credits).
Key Requirement: You must not have known or had reason to know about the erroneous items.
Separation of Liability
For Divorced/Separated Spouses
Allocates additional tax between you and your spouse based on each person’s responsibility.
Key Requirement: You must be divorced, legally separated, or living apart for 12+ months.
Equitable Relief
Catch-All Provision
Relief when you don’t qualify for the other types but it would be unfair to hold you liable.
Key Requirement: Considering all facts, it would be inequitable to hold you responsible.
Qualifying for Innocent Spouse Relief
To qualify for traditional innocent spouse relief, you must meet several specific requirements:
Required Conditions
You filed a joint return with an understatement of tax due to your spouse’s erroneous items.
You can establish that you did not know and had no reason to know of the understatement.
Taking into account all facts and circumstances, it would be unfair to hold you liable.
You request relief within the required time period.
The "Knowledge" Standard
The most critical factor is whether you knew or should have known about your spouse’s erroneous items. The IRS considers:
- Your Education & Experience – Your level of education and experience with financial and tax matters
- Involvement in Family Finances – If you participated in business activities or managed household finances
- Lavish Lifestyle – If your standard of living increased significantly without explanation
- Spouse’s Evasiveness – If your spouse was secretive about finances or made you feel unsafe questioning them
Important Deadlines and Procedures
Critical Deadline: 2 Years
You generally must request innocent spouse relief within 2 years of when the IRS first began collection activities against you
How to Request Relief
Innocent spouse relief is requested by filing Form 8857 (Request for Innocent Spouse Relief) with the IRS. This form requires detailed information about:
- Tax Information – Details about the joint return and the erroneous items
- Personal Circumstances – Your involvement in finances, education, and relationship dynamics
- Supporting Documentation – Evidence supporting your lack of knowledge and other qualifying factors
- Financial Hardship – Information about your current financial situation and ability to pay
Spouse Notification
The IRS will notify your spouse or former spouse of your request and give them an opportunity to participate in the process. This can sometimes lead to disputes that require careful handling.
Why Professional Help is Essential
Innocent spouse cases involve complex legal and factual determinations. The IRS’s initial review is often cursory, and many valid claims are initially denied. Professional representation significantly increases your chances of success.
How We Help
- Case Evaluation – Thorough analysis of your situation to determine the best type of relief to pursue
- Evidence Gathering – Identifying and organizing documentation needed to support your claim
- Evidence Gathering – Properly completing forms and developing supporting legal arguments
- IRS Negotiations – Communicating with the IRS on your behalf, including appeals if necessary
Common Challenges We Address
If you’re being held responsible for your spouse’s tax errors, you may have options.
Let us evaluate your case and fight for the relief you deserve.