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Innocent Spouse Relief (and Separation of Liability and Equitable Relief)

When two people divorce, they can go their separate ways; but they can't separate any previous tax bills or tax returns they filed together.

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When two people divorce, they can go their separate ways; but they can't separate any previous tax bills or tax returns they filed together.

'Joint and several liability' is a tax term that means that one spouse is as liable as the other for all items appearing on returns they filed together and equally liable to pay all the tax due, whether or not they're divorced. So if a joint return is audited, each spouse is liable for any additional tax that may be assessed, even if it was from something the other spouse deducted or forgot to report. In such a situation, a taxpayer could request innocent spouse relief from 'joint and several liability.'

In the Taxpayer Bill of Rights 3, Congress made the requirements for obtaining such relief less stringent. People can request relief in three ways: expanded innocent spouse relief, separate liability election, and equitable relief. Under the innocent spouse relief, a taxpayer may be relieved of a portion of the additional assessment that they did not know about. Under the separate liability election, certain taxpayers are allowed to have the additional assessment limited to the portion that would be allocated to their share of the item(s) at issue, based, for example, on their own earnings or deductions. And equitable relief is available when a person does not meet the conditions for innocent spouse or separate liability relief, but it would nevertheless be unfair to hold the person responsible for an unpaid tax or an additional assessment.

The IRS Web site includes the "Spousal Tax Relief Eligibility Explorer" with interactive prompts to help taxpayers find out if they qualify for relief from a joint tax liability with their current or former spouse. By answering a short series of yes/no questions, a taxpayer can find out if he or she might qualify for one of the innocent spouse relief provisions. The Explorer also checks for the possibility of another type of relief, called injured spouse. This is when a couple files jointly and has their tax refund reduced or eliminated because of an unpaid tax or other debt that only one of them owes. The other spouse may be considered an injured spouse and may claim his or her share of the refund.

Explorer is available as a link from the "Tax Info for You" page of the IRS Web site at www.irs.gov. A person who appears to qualify for relief may download the appropriate application form. In addition to the IRS Web site, the forms are available by calling 1-800-TAX-FORM (1-800-829-3676).

For additional information, Publication 971, Innocent Spouse Relief, Form 8857, "Request for Innocent Spouse Relief," and Form 8379, "Injured Spouse Claim and Allocation," can be downloaded from the IRS Web site at www.irs.gov. These products can also be ordered free from the IRS by calling 1-800-829-3676.

Courtesy of ARA Content, www.aracontent.com, e-mail: info@aracontent.com

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