Even the IRS understands that a person may be the innocent victim of a spouse’s improper activities regarding a joint tax return. Unreported income and improper deductions or credits by one spouse may put the innocent spouse at risk of paying additional tax, interest and penalties.

If you have been victimized by a current or former spouse, the IRS offers you the opportunity to ask for innocent spouse relief. Top Tax Defenders has 27 years of experience working with IRS to know how to present the application and proof required to support the innocent spouse relief application.

Who qualifies for innocent spouse relief?

IRS guidelines require that you meet the following conditions in order to request innocent spouse relief:

  • The return you filed must have been a joint tax return.
  • The joint return included an understated tax.
  • The understated tax was due to unreported income or incorrect deductions, credit or tax basis.
  • It would be unfair, under all the facts and circumstances, to hold you responsible for the understated tax.

When to file the application

You have two years from when you become aware that the IRS is attempting to collect additional tax to file the application for innocent spouse relief.

Prove collection from you is unfair

Top Tax Defenders knows that factors such as divorce or separation from your spouse or your spouse’s abandonment of you can help establish that it would be unfair for you to be held responsible for the understated tax and any penalties or interest.

Top Tax Defenders team of experts will use their knowledge of innocent spouse relief guidelines to help you prepare your presentation of the facts and circumstances in support of your request for relief and your lack of knowledge of the actions of your spouse concerning the joint tax return.

Partial innocent spouse relief

Just because you were aware that your joint tax return included an erroneous item does not preclude you from receiving partial innocent spouse relief. For example, you and your spouse filed a joint tax return in which your spouse’s income was understated by $10,000. You later discover that the actual understated income was $50,000. If you can prove you were unaware of the additional $40,000 in income, the IRS may grant you innocent spouse relief on the tax, penalties and interest due on the $40,000.

Contact Top Tax Defenders

Top Tax Defenders has the experience and knowledge to help you pursue your application for innocent spouse relief, including:

Contact us today by calling 1-866-866-1555 to find out if you qualify.


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