If you and your spouse filed a joint tax return, the general rule is that you're both 100% liable for any additional taxes that are assessed. This means the IRS can place liens on your property, levy your assets, or even garnish your wages. However, if the understatement of tax is attributable only to your spouse's wrongdoing and not your own, then you may qualify for innocent spouse relief. The first requirement is that you must have filed a joint tax return that has an understatement of tax, also known as a tax deficiency, which is solely caused by your spouse's erroneous item. An erroneous item could be income that was received by your spouse and not reported on the return, or it could be a credit or deduction that was improperly claimed by your spouse on the return. Second, you must establish that at the time you signed the return, you didn't know or have any reason to know that there was an understatement of tax on the return. The last requirement is that when taking all the facts and circumstances into consideration, it would be unfair to hold you liable for the understatement of tax. For example, I worked on a case where a client and his wife got divorced in 2012. Right after the divorce, she started taking withdrawals from her 401(k). When April 2013 came around, they decided to go ahead and file jointly for the previous tax year. My client signed the return, but he had no idea that his former wife had taken these withdrawals from her 401(k), so they were not reported on the return. He came to our firm, and we requested innocent spouse relief. Since the deficiency was solely caused by his wife's 401(k) withdrawals and he had no reason to know about those...
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Innocent Spouse Relief vs injured spouse Form: What You Should Know
Sep 8, 2024 – 17. What other reasons can the IRS issue an order for payment or forbearance? The IRS has other reasons, such as: -to protect the public from fraud or abuse; -to protect the safety and well-being of individuals and families; -to protect the public against foreign bribery and extortion; -to protect the public from identity theft; and -in response to a request from the Attorney General, a Taxpayer Advocate Service, or one of the Treasury Inspector General for Tax Administration (TI GTA). 9001 Forfeiture — Injured and Innocent Spouse — Drake Software KB 9001 Order Forfeiture — Injured and Innocent Spouse — Drake Software KB Sep 9, 2024 – 18. What other IRS offices can help? The IRS has offices across the country that can help the injured spouse or innocent spouse. These offices include: • IRS-Criminal Investigations' Office • KRS-One's Criminal Investigations' Office and Taxpayer Advocate Service's CID • the IRS Criminal Investigation Unit (CIU) in Pittsburgh and Chicago, with the assistance of representatives of the U.S. Attorney's office in Pittsburgh and the U.S. Attorney's office in Chicago; • the Department of Justice, the U.S. Attorney's Office in Pittsburgh; and • the Department of Justice's Criminal Division in Washington, D.C. You can find the IRS offices in your area on this link: IRS Office Locations 9001 Forfeiture — Injured and Innocent Spouse — Drake Software KB Sep 10, 2024 – 15. How long does an order for forfeiture last? The order for forfeiture is valid for three years. 9001 Order Forfeiture — Injured and Innocent Spouse — Drake Software KB Sep 11, 2024 – 17. How can I get an affidavit of support? To get an affidavit of support you must first get the support order. 9001 Order Forfeiture — Injured and Innocent Spouse — Drake Software KB Sep 12, 2024 – 17. What else does an affidavit of support provide? An affidavit of support is part of the support you'll receive if you are asked to pay back taxes. It gives you the right to go to court and request to get the money back if you think the IRS got some part of your income in error.
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