You may qualify for Injured Spouse Relief if the IRS uses the refund from your joint return to offset certain past-due debts that are the sole responsibility of your spouse or former spouse, such as taxes, child support, or student loans. Injured Spouse Relief should not be confused with Innocent Spouse Relief. You may be classified as an Injured Spouse if you do not receive your portion of a refund because of your spouse’s debt, whereas Innocent Spouse Relief applies to debt for which you are technically co-responsible, but not liable because of circumstances. Whatever the cause, we can help you rectify an unfair tax liability and get you your money. Our tax experts will closely examine your case to see if you qualify for Injured Spouse Relief and/or any other IRS Relief programs.
Many married taxpayers file a joint tax return because of the benefits this filing status allows. Unfortunately, the opposite is also true. If you filed a joint return with your spouse or former spouse, you may be held liable for the taxes, interest, and penalties–even if it was your spouse who earned the income and/or claimed improper deductions or credits. This is true even if a divorce decree states that your spouse will be responsible for any amounts due on previously filed joint returns. If the IRS is holding you responsible for your spouse’s or former spouse’s fraud or negligence, we can help. Our experienced representatives will quickly determine if you qualify for tax relief and then negotiate with the IRS for the outcome most favorable to you.
There are three types of relief available.
By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse did something wrong on your tax return.
Under this type of relief, you divide the additional tax owed from your joint return, plus penalties and interest, between you and your spouse (or former spouse).
If you do not qualify for innocent spouse relief or separation of liability, you may still be relieved of responsibility for tax, interest, and penalties through equitable relief.
The Freedom of Information Act, or FOIA, gives any person the right to access their IRS file. Knowing what the IRS has in your file is a great place to start when resolving a tax issue. Furthermore, it is probably as important to find out what the IRS does not know about you as it is to see what they do have in your file. We will make a discreet request for your information from the IRS so as not to draw undue attention to any tax liability. After we acquire your IRS file, we will explain it to you in layman’s terms, as well as recommend a course of action that will set you on the road to ending your tax controversy.
If you have neglected to file a tax return from a previous year or years you should do so immediately–even if you think you can’t pay. The penalties and interest you may face for not filing a return are often much worse than if you file but do not pay in full. In other words, you have nothing to gain by not filing tax returns except hefty fines and possible jail time. We have the expertise you need to straighten out your misunderstanding with the IRS.
Once we have filed your missing returns, we can help you work out a payment plan or an Offer in Compromise. Please note that the IRS will not accept any payment arrangement or revoke a lien or levy until all delinquent tax returns are filed. Contact us today to learn more about filing your overdue tax returns.