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IRS Innocent Spouse Relief

Tax Consultant / Accountant in NYC

Ultimate Tax Relief — which is based in New York City — offers its expertise and resources to people seeking tax relief and businesses in need of tax relief. The company also serves people who have fallen on hard times and owe taxes.

Generally, both you and your spouse are responsible, jointly and individually, for paying any tax, interest, or penalties on your joint return. If you believe your current or former spouse should be solely responsible for an incorrect item or an underpayment of tax on your joint tax return, you may be eligible for Innocent Spouse Relief. This could change the amount you owe, or you may be entitled to a refund.

You must meet all of the following conditions to qualify for innocent spouse relief.

  1. You filed a joint return.
  2. There is an understated tax on the return that is due to erroneous items of your spouse (or former spouse).
  3. You can show that when you signed the joint return you did not know, and had no reason to know, that the understated tax existed (or the extent to which the understated tax existed).
  4. Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understated tax.

You must submit Form 8857, Request for Innocent Spouse Relief, no later than two years from the date of IRS first attempt to collect the outstanding debt.

Innocent spouse relief will not be granted if the IRS proves that you and your spouse (or former spouse) transferred property to one another as part of a fraudulent scheme. A fraudulent scheme includes a scheme to defraud the IRS or another third party, such as a creditor, former spouse, or business partner.

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