Taxation & Estate Planning

Do You Qualify for Innocent Spouse Tax Relief

By Darrin Mish

Did you know there is a provision in tax law that protects you if you are divorced and your ex-spouse has cheated on your joint taxes?  It is called the Innocent Spouse Tax Relief.  So if you have been jeopardized by your ex-spouse's financial dishonesty or even indiscretion, listen up for this applies to you.

The Innocent Spouse Tax Relief is aimed at restoring to you whatever you may have lost in terms of tax refunds and protecting you against tax penalties because of your errant ex-spouse.  According to the IRS website, if you filed a joint tax return and if the IRS took what was going to be your refund to help pay for debt your spouse owed due to unpaid taxes, child support payments or because of other debt such as a student loan, you are entitled to your money back.  In this way, you can regain what is rightfully yours.

Obviously, this rule is gender-neutral in that it applies equally to both men and women who are recently divorced; yet it is doubtless that it would apply more to women than men.  For once the IRS has done a wonderful job of publicizing this new rule unlike other rules enacted in the past where the IRS would change major rules and not really tell anyone, but then audit you when you didn't abide by the new rule.

It is highly likely that the Innocent Spouse Tax Relief provision would be continued this year, by the looks of how popular it is.  The IRS understands that many people choose to file jointly because of the tax benefits and they also understand that not everyone should be penalized for such things.  Thus taxpayers in such situations do not have to feel tied down to their spouses' bad tax standing.

To qualify for the Innocent Spouse Tax Relief, you will have to answer a series of questions found on the IRS website.  Don't be put off by this process because it isn't too difficult to understand, and the tax break can make a huge difference to you if you qualify.  In cases of doubt, simply contact a lawyer, accountant or the IRS itself.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked  among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of  Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve  your IRS problems no matter where you live in the world. If you would like  more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

Do You Qualify for Innocent Spouse Tax Relief is a post from: IRS Tax Problem Solver Blog - IRS Help

Full post as published by IRS Problem Solver Blog on February 21, 2010 (boomark / email).