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Video instructions and help with filling out and completing what are the four types of innocent spouse relief
Separated in divorce taxpayers who have filed joint returns may need innocent spouse relief so they are not held liable by the IRS for their ex's failure to report taxable income or disallowed tax deductions joint liability is a risk that many taxpayers don't recognize until it's too late innocent spouse relief is one of the most frequently litigated issues in Tax Court because the legal requirements are complex and detailed chapter 11 of my book contains an excellent discussion of innocent spouse relief in the related concepts of separation of liabilities and equitable relief many married taxpayers choose to file a joint return because of the financial advantages and tax savings yet when married taxpayers file jointly both taxpayers are held jointly and individually liable even if they separate or divorce the tax interest and penalties associated with the joint return may be collected from either or both Tao of the taxpayers even if a divorce instrument states that one spouse will be responsible in fact one spouse may be held responsible for all of the tax due even if the income was earned by the other spouse thus filing jointly during the marriage and after separation presents spouse with risk that they must consider and protect themselves against the Internal Revenue Code at section 601 5 b c and f offers three possible remedies for spouses who find themselves defending erroneous joint tax returns innocent spouse relief separation of liabilities and equitable relief the most comprehensive form of relief innocent spouse relief is also the most difficult to obtain by requesting innocent spouse relief a joint taxpayer can be relieved of responsibility for paying tax interest in penalties caused by erroneous or omitted items reported by a spouse or former spouse on a joint tax turn to take advantage of the rules an election must be made by the spouse seeking relief form eight eight five seven permits taxpayers to reply for all of three forms of relief available under section 601 five only one form needs to be filed even if the relief is requested for more than one year the form requires an applicant to prdetailed information about the applicant's marital status including domestic violence education employment income expenses and health status how the erroneous returns were prepared what knowledge the applicant might have had about the returns and household finances generally and what benefits the applicant may have received including purchases the IRS will review the form figure the under statement or under payment of tax and interest and let the applicant know if he or she qualifies the IRS is required to inform the applicants spouse or former spouse even if the applicant is a victim of spousal abuse or domestic violence all information disclosed in the form may be shared with the non requesting spouse except for the applicants basic contact information a taxpayer must meet all of the following conditions to qualify for innocent spouse relief first a joint tax.