Injured Spouse Relief
You may qualify for Injured Spouse Relief if the IRS uses the refund from your joint return to offset certain past-due debts that are the sole responsibility of your spouse or former spouse, such as taxes, child support, or student loans. Injured Spouse Relief should not be confused with Innocent Spouse Relief. You may be classified as an Injured Spouse if you do not receive your portion of a refund because of your spouse’s debt, whereas Innocent Spouse Relief applies to debt for which you are technically co-responsible, but not liable because of circumstances. Whatever the cause, we can help you rectify an unfair tax liability and get you your money. Our tax experts will closely examine your case to see if you qualify for Injured Spouse Relief and/or any other IRS Relief programs.
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Innocent Spouse Relief
Many married taxpayers file a joint tax return because of the benefits this filing status allows. Unfortunately, the opposite is also true. If you filed a joint return with your spouse or former spouse, you may be held liable for the taxes, interest, and penalties–even if it was your spouse who earned the income and/or claimed improper deductions or credits. This is true even if a divorce decree states that your spouse will be responsible for any amounts due on previously filed joint returns. If the IRS is holding you responsible for your spouse’s or former spouse’s fraud or negligence, we can help. Our experienced representatives will quickly determine if you qualify for tax relief and then negotiate with the IRS for the outcome most favorable to you.
There are three types of relief available.
Innocent Spouse Relief By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse did something wrong on your tax return.
Separation of Liability Relief Under this type of relief, you divide the additional tax owed from your joint return, plus penalties and interest, between you and your spouse (or former spouse).
Equitable Relief If you do not qualify for innocent spouse relief or separation of liability, you may still be relieved of responsibility for tax, interest, and penalties through equitable relief.
Don’t be the victim of someone else’s mistakes or dishonesty. Contact us today to see if you qualify for Innocent Spouse Relief or other IRS tax relief programs.
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One of the worst things about IRS tax controversies are the penalties and interest tacked on to your original bill. There are penalties for late filing, late payment, and negligence, to name but a few–and the interest on unpaid taxes can rapidly increase your total tax liability. If you are struggling with unpaid taxes plus additional penalties and interest, we can help. The IRS may abate certain penalties if there is reasonable cause and the failure was not due to willful neglect. Many taxpayers who have not previously had major issues with the IRS can qualify for a first time penalty waiver. Generally, the IRS does not revoke interest charges, but some established interest suspension provisions do apply–especially where the IRS has made an error. We understand if you are overwhelmed by penalties and interest. They often appear arbitrary and unfair. We will carefully scrutinize your tax situation to see where penalties and/or interest may be waived.
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If you have neglected to file a tax return from a previous year or years you should do so immediately–even if you think you can’t pay. The penalties and interest you may face for not filing a return are often much worse than if you file but do not pay in full. In other words, you have nothing to gain by not filing tax returns except hefty fines and possible jail time. We have the expertise you need to straighten out your misunderstanding with the IRS.
Once we have filed your missing returns, we can help you work out a payment plan or an Offer in Compromise. Please note that the IRS will not accept any payment arrangement or revoke a lien or levy until all delinquent tax returns are filed. Contact us today to learn more about filing your overdue tax returns.
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