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Taxation & Estate Planning

: IRS Problem Solver Blog

What is the Innocent Spouse IRS Exemption

By Darrin Mish

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Many married couples opt to make joint tax returns to qualify for certain tax breaks given to couples. But making joint returns also means being jointly liable for any IRS actions against you. Things get more complicated when a divorce ensues. That's why the government enacted a new policy called the Innocent Spouse IRS Exemption. Under this policy, if you are a divorcee who is innocent of tax-related wrongdoing, you will not be penalized for the wrongs of your irresponsible ex-spouse. However, there are some things that need to be done to obtain the Innocent Spouse IRS Exemption.

The IRS has set a number of criteria that you must meet in order to be eligible for this exemption. This new rule is open to anyone who has had to forfeit a tax refund because of the financial irresponsibility of their partner. This could have happened because of unpaid back taxes or it could be because of other unpaid debt, such as an unpaid student loan. So if you have been the innocent victim of the financial irresponsibility of your ex-spouse and you are owed money by the IRS because of that, then you should apply for the Innocent Spouse IRS Exemption.

Even if you do not qualify to have a tax file of your own, you can claim for the Innocent Spouse IRS Exemption if the criteria reflect your situation. The IRS understands that it was not your fault, therefore they are prepared to give you some breaks to help you out as you start a new life as a single person again.

You will find lots of questions asked of you to determine your eligibility when you apply but do not be put off by them. It may be a bit complicated, but it is the easiest way to depict the qualifications for this tax break. If you engage a professional to file your tax returns, discuss with them the possibility of your qualifying for the Innocent Spouse IRS Exemption. It could be the difference between a nice big refund and a huge tax debt.

This is a new policy implemented only this year, but may very well become a permanent fixture in the tax code if it is well received and benefits many people. Although things can change quickly, if you feel that you qualify for the Innocent Spouse IRS Exemption for next year and beyond, ask to see if it still exists. To find out more about the Innocent Spouse IRS Exemption, discuss it with a tax attorney. You could also contact the IRS through their toll free number or check up their website.

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.