IRS Problem Resolution
Their tax mistake. Not your debt.
If your spouse understated income or took improper deductions on a joint return without your knowledge, you may qualify for innocent-spouse relief — limiting your liability to your own income.
In short
Innocent Spouse Relief allows a taxpayer who filed a joint return to be relieved of responsibility for tax, interest, and penalties caused by their spouse's (or former spouse's) erroneous reporting. Three types exist: traditional, separation of liability, and equitable. Each has specific eligibility rules and a strict 2-year filing window from when the IRS began collection.
The three types of relief
- Traditional Innocent Spouse (IRC 6015(b)) — relief from understatement caused by spouse's erroneous items, if you didn't know and didn't have reason to know
- Separation of Liability (IRC 6015(c)) — divides the deficiency between former spouses; requires divorce, separation, or living apart for 12+ months
- Equitable Relief (IRC 6015(f)) — discretionary relief when the first two don't apply but holding you liable would be unfair
What disqualifies you
Knowledge of the underreporting (or facts that should have alerted you), significant benefit from the underreporting (luxury purchases, paid-off debts), or willful blindness — these defeat most innocent-spouse claims. The strongest cases involve a controlling or financially-secretive spouse where the claimant had genuinely no insight into the household finances.
FAQ
Questions we hear about innocent spouse relief.
How long do I have to file?
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