Tax mistakes happen everyday – the tax code is large and complicated after all – but what happens when the mistakes are made by your spouse? For many, getting married can be financially advantageous with lucrative tax breaks and joint tax filing. Occasionally though, mishaps can happen (whether intended or not) and that’s where innocent spouse relief comes in. 

Innocent spouse relief is an IRS procedure that absolves someone of any additional tax, penalties or interest if their spouse or ex-spouse didn’t report income, incorrectly reported income or improperly claimed tax deductions or credits. It’s not automatically granted, you must apply for it, the process can be lengthy and there is potential for rejection. There is a variety of criteria the IRS lays out but it can be boiled down to five key points.

  1. You must be filing taxes jointly.
  2. The error must be caused by the other person.
  3. You must prove your innocence. 
  4. The circumstances must be compelling.
  5. You must file for innocent spouse relief no later than two years after the IRS has begun to request taxes from you (there are some exceptions.)

As always, proving some of these things can be easier said than done. The IRS will take a holistic look at everything from the nature of the error, your unique financial situation, your educational background, your present marital status and more. They will also consider how much you contributed to the activity that caused the error and whether or not it was a pattern. It’s important to note that the IRS is required to alert your spouse or ex-spouse that you have filed for innocent spouse relief and allow them to provide information regarding your claim. 

The two major types of spousal relief you can be awarded are separation of liability relief and equitable relief. Separation of liability relief means you and your ex will split the IRS bill evenly. You have to be divorced, separated or widowed to qualify and you can’t have lived together for the 12 months prior to requesting. Equitable relief is usually relevant for those living in states with community property laws that state that all income is considered shared between both parties. In this scenario, even if you didn’t file jointly you can be held liable for your partners tax errors and might need to request relief. Equitable relief is also applicable for situations in which the tax return was filed correctly but the taxes have not been paid. 

Making tax errors can be costly and complicated to resolve, and even more so when two incomes are involved. However, under the right circumstances, you can find relief for tax mistakes that your spouse or ex-spouse made in error if you can prove that you were an innocent party. We’ve barely scratched the surface here on some of the in’s and out’s of spousal tax liability and innocent spouse relief – if you have any questions about this topic or your tax situation, please feel free to reach out to a ClarkSilva team member today!