The Law Offices of Arnold van Dyk

How Many Years Does The Innocent Spouse Filing Cover?

An individual can apply for innocent spouse relief for as many years as they filed a joint return on which the IRS discovered unreported income. On the form itself, an individual can apply for six different years, and if they need to apply for additional years, then they can simply add an attachment to the form.

Is There Tax Planning That I Can Do To Avoid An Innocent Spouse Relief Scenario?

The only tax planning that can be done in order to avoid an innocent spouse relief scenario is to have an honest conversation with one’s spouse about all of the income received. However, if a spouse does not disclose the amount or source of their income, then there might not be a way to know. Unfortunately, there will always be circumstances from which a need for innocent spouse relief will arise.

What Is Injured Spouse Relief? Is It The Same Or Different From Innocent Spouse Relief?

Injured spouse relief is different from innocent spouse relief in that it applies when someone files a joint tax return with a person who has debt that is separate from theirs. If someone’s refund was unexpectedly held by the IRS due to debt that was not actually theirs, then they would need to apply for their portion of the refund using form 8839. Upon receipt of that form, the IRS would have to release their portion of the refund. If an individual’s spouse incurred separate debt or child support, the individual would not be held liable for that debt.

Am I Responsible If My Spouse Or Ex-Spouse Lied On Our Tax Return?

A spouse will be held responsible for an ex-spouse’s lie on a tax return if they do not apply for innocent spouse relief.

Can I Be Granted Relief If I Signed A Joint Tax Return That Was Incorrect?

An individual can be granted relief if they signed an incorrect joint tax return, as long as they qualify for one of the three provisions in Internal Revenue Code Section 6015.

Additional Information On Innocent Spouse And Injured Spouse Tax Relief In California

It is important that anyone who may be dealing with an innocent spouse relief situation seeks a professional who has a significant amount of experience dealing with matters in this area. Our firm has handled several innocent spouse cases, some of which we have taken to tax court. In one such case, the IRS initially believed that the spouse owed two million dollars in tax liabilities. However, we filed a petition with tax court and ended up settling with the IRS before trial, and our client ended up owing nothing. It is very important to seek the advice of a seasoned attorney who is very well-versed in this subject matter.

For more information on Years Covered By Innocent Spouse Relief, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 321-3369 today.

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