Innocent Spouse Relief Attorney in Sunny Isles
My Spouse Lied On Our Taxes
Marriage is rooted in trust. When most people think about a violation of trust in a marriage they think about infidelity. Actually, money problems can be just as much of a violation of trust. But when one partner lies on their taxes and the other partner is unaware, that doesn’t mean the innocent partner is off the hook.
What Is Innocent Spouse Relief in Florida?
When you file a joint tax return, both partners are responsible for the bill. It’s much like co-signing for a loan. If one of the signers can’t pay or won’t pay, the creditor will go after the other signatory. But there are circumstances where one of the partners truly is innocent of the other partner’s wrongdoing. If this can be proven to the IRS, you may qualify for something called innocent spouse relief.
Here’s an example where this might be the case. Let’s say one spouse repeatedly lied about their income on their taxes for years and that spouse handled all the tax preparation. The innocent spouse stays at home to take care of the house and raise children and does not have a job that earns income. The guilty spouse is caught, but both of them are responsible for the taxes even though the innocent spouse had no idea what was happening. This is a good candidate for innocent spouse relief.
Can Everyone Get Innocent Spouse Relief?
Innocent spouse relief may sound like a good deal, but very tricky to claim. First, there is a time limit to when you can apply. You have to apply within two years of when the IRS first tried to claim the tax. Otherwise, you’re still liable for it regardless of your situation. You will have to go to court if the deadline has passed. Lawmakers are trying to expand this time limit. A spouse kept unaware of the finances for years may suddenly be stuck with a huge bill when all is revealed. Some fraudulent taxpayers manage to hide their wrongdoing for years beyond the limit.
What Do You Have To Prove For Innocent Spouse Relief?
You also have to prove several things to the IRS. First, you have to prove that you didn’t know or have reason to know about the bad tax returns. Second, you can’t have benefitted from the incorrect amount on the forms. In our experience, half of the applicants for innocent spouse relief are successful. If you are successful, then the IRS will transfer the entire tax liability to your other spouse and free you from those constant notices from the IRS demanding payment.
The relief we’ve seen on the faces of people who’ve obtained innocent spouse relief is one of the most gratifying things about our job. The people who obtain it were saddled with huge bills that weren’t their fault, and now the justice system will look at the person who truly caused the whole mess, not the innocent person along for the ride.
If I Want Innocent Spouse Relief, Who Do I Call in Sunny Isles?
If your spouse messed up your tax history, let us assess your chances of receiving innocent spouse relief. We can teach you about the process of innocent spouse relief, your chances of achieving relief, and help you start the process. We can also represent you in tax court if necessary to fight for relief. If you live in Sunny Isles or anywhere else in South Florida, call the team at Zuckerman Law. Your initial consultation is free.