Innocent Spouse Relief

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When you File a joint return with your spouse you are jointly and severally liable for the tax on the joint return, plus any interest and penalties. This means no matter the situations you are in, if you file a return with your spouse and you owe money, you are presumed to owe it as well. However, under certain situations, you can reduce or remove this liability by claiming to be an innocent spouse.

3 Types of Situations Exists: 

Innocent spouse relief

Even though you signed a joint return, you want to only be liable for the tax that you are responsible for. This is based on your income and other factors and your spouse is then liable for whatever you are not.

 

Separation of liability relief

Even though you signed a joint return, you want to only be liable for the tax that you are responsible for. This is based on your income and other factors and your spouse is then liable for whatever you are not.

Equitable relief

This applies when it would not be fair to hold you liable for the tax that is outstanding on a joint return. Also, when the liability is attributable to your spouse and you do not qualify for innocent spouse relief or separation of liability relief.