Ex-Spouse's Tax Debt Being Collected from You
File for separation of liability or equitable relief to allocate the debt solely to your ex-spouse, stopping IRS collection against you even if they can't or won't pay.
Innocent Spouse Relief
Protection from your spouse's tax liability. Remove your joint filing responsibility due to your spouse's errors, fraud, or unpaid taxes.
Who This Helps
- Divorced or separated spouses facing ex's tax debt
- Victims of spousal tax fraud or deception
- Those unaware of spouse's underreported income
- Domestic abuse survivors with coerced signatures
- Spouses who didn't benefit from unpaid taxes
- Anyone held liable for ex-spouse's business taxes
- Those whose divorce decree assigned tax responsibility
- Individuals facing collection for spouse's liability
Need help with innocent spouse relief? We can help.
Innocent spouse relief provides critical protection for taxpayers who shouldn't be held responsible for tax debt resulting from a spouse's or former spouse's actions, errors, or fraudulent behavior. At Resolve Federal Tax Group, we specialize in innocent spouse cases, helping individuals escape unfair tax liabilities that arose from circumstances beyond their control or knowledge. When married taxpayers file jointly, both spouses become jointly and severally liable for all taxes owed, meaning the IRS can pursue either spouse for the full amount regardless of who actually earned the income or claimed the deductions. This creates severe injustice when one spouse hides income, claims improper deductions, or engages in tax fraud without the other spouse's knowledge or participation. Innocent spouse relief allows the wronged spouse to be relieved of liability through three potential forms of relief which are classic innocent spouse relief for unreported income, separation of liability relief for divorced or separated taxpayers, and equitable relief for situations not qualifying under the other provisions. Each relief type has specific qualification requirements and time limitations, making professional guidance essential to pursuing the appropriate form of relief for a spouse's situation. Our experienced professionals can prepare comprehensive innocent spouse applications that document your lack of knowledge, demonstrate that holding you liable would be inequitable, and address all legal requirements for relief. We handle complex factual and legal issues like the knowledge standard, community property considerations, and the equitable relief factors that IRS decision-makers evaluate. Innocent spouse cases often involve sensitive personal circumstances including domestic abuse, financial control, or relationship breakdowns, and we handle these situations with compassion, discretion, and unwavering advocacy for your rights. Don't continue suffering from tax problems caused by someone else. Contact Resolve Federal Tax Group for a free consultation to explore whether innocent spouse relief can free you from unfair tax liability.
How We Help
1
Detailed Eligibility Analysis
We evaluate your situation against the three types of innocent spouse relief (innocent spouse, separation of liability, equitable relief) to determine which provides the strongest case.
2
Evidence Gathering & Documentation
Our team compiles comprehensive evidence of your lack of knowledge, benefit, or control over the understated tax, including financial records, communications, and witness statements.
3
Form 8857 Preparation & Filing
We prepare a compelling Form 8857 (Request for Innocent Spouse Relief) with detailed explanation and supporting documentation that addresses IRS criteria for approval.
4
IRS Hearing Representation & Appeals
We represent you through the IRS review process, Collection Due Process hearings and the IRS Independent Office of Appeals if necessary.
Common Problems & Solutions
Unaware of Spouse's Understated Income
Classic innocent spouse relief protects you when your spouse failed to report income without your knowledge. We prove you had no reason to know and didn't benefit from the understatement.
Spouse Committed Tax Fraud Without Your Knowledge
Document that you were unaware of fraudulent deductions, false information, or unreported income on joint returns, demonstrating you shouldn't be held responsible for their actions.
Divorce Agreement Says Ex Pays Taxes
While divorce decrees don't bind the IRS, equitable relief considers them. We use your divorce agreement as supporting evidence that holding you liable would be inequitable.
Signed Returns Under Duress or Abuse
Domestic abuse victims who signed under coercion have strong equitable relief claims. We handle these sensitive situations with care while building compelling documentation.
Joint Account Levied for Spouse's Sole Liability
Even with innocent spouse relief pending, the IRS may levy joint accounts. We file immediate protection requests and expedite your relief claim.
Frequently Asked Questions
1) Classic innocent spouse relief: for understated tax you didn't know about and didn't benefit from. 2) Separation of liability: divides the understated tax liability between divorced or separated spouses, with each becoming responsible for the portion of tax, interest, and penalties attributable to their own income and assets. 3) Equitable relief: can be used if you don't qualify for the other two reliefs mentioned above but holding you liable would be unfair.
We gather evidence like separate finances, your spouse-controlled finances, statements showing you questioned suspicious items, statements showing you questioned items unknown to you, evidence showing you weren't involved in your spouse’s business, witnesses who can attest to your lack of knowledge and facts showing the spouse had the opportunity to commit errors without your knowledge.
1) Classic innocent spouse relief: The deadline for Innocent Spouse Relief is generally two years from the date the IRS first tries to collect the tax from you. 2) Separation of liability: The deadline to request Separation of Liability Relief from the IRS is two years after the IRS first begins collection activities against you. This relief can apply if you were separated, divorced, or widowed when you filed the request and had previously filed a joint tax return. 3) Equitable relief: The IRS deadline for filing for equitable relief depends on the specific type of relief you are requesting: a balance due, a credit or refund, or both. The IRS uses different timeframes for each situation. You must generally file your request within the period the IRS has to collect the tax, which is typically 10 years from the date the tax was assessed.
Yes, signing a joint return doesn't automatically make you liable if you meet innocent spouse criteria. Joint filing makes both spouses jointly liable, but innocent spouse relief exists specifically to relieve you from that liability when circumstances warrant.
Yes, the IRS must notify your spouse of your request and give them opportunity to participate. This can be concerning in abuse situations. We can help advise you how to secure protections and address safety concerns while pursuing your claim.
Yes, you can receive a refund for taxes you have already paid if you qualify for equitable innocent spouse relief, and the payment was made under specific conditions. Standard Innocent Spouse Relief and Separation of Liability Relief are primarily for unpaid tax liabilities. You must file your request within the standard statute of limitations for refunds, which is generally three years from the date you filed the original return or two years from the date you paid the tax, whichever is later.
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Contact us today for a free consultation. Let us help you resolve your tax problems.
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