Fresh Start Program
Innocent Spouse Relief
If you're dealing with tax debt due to your spouse's or former spouse's incorrect tax reporting, you may qualify for IRS Innocent Spouse Relief — protecting you from liability caused by their fraudulent or negligent tax mistakes.
Key Insights
Innocent Spouse Relief vs. Injured Spouse Relief
Innocent Spouse Relief
Purpose
Relieves you from tax liability caused by your spouse's errors or fraud
Who Qualifies
Taxpayers unaware of their spouse's incorrect reporting on a joint return
IRS Form
Form 8857
Filing Deadline
Within 2 years of IRS collection attempts
Injured Spouse Relief
Purpose
Recovers your portion of a refund seized for your spouse's separate debt
Who Qualifies
Taxpayers whose refund was taken for their spouse's separate debts
IRS Form
Form 8379
Filing Deadline
Within 3 years of the original filing date OR 2 years of the tax payment
Innocent Spouse Relief Eligibility
- You filed your tax return jointly
- Your spouse filed the joint return improperly or it displays an understatement of tax due to erroneous items
- Upon signing the return, you did not know that your spouse filed incorrectly
- Under specific conditions, being held responsible for unpaid taxes would be unfair
Injured Spouse Relief Eligibility
- You filed your tax return jointly
- Your tax refund was used for your spouse's debt
- You were not responsible for your spouse's debt
Additional Types of Innocent Spouse Relief
Separation of Liability Relief
If you are no longer married or living with your former spouse, this relief divides any additional taxes due between you and your spouse based on your separate income and assets. You won't qualify if you had actual knowledge of the tax errors when signing the return.
- You and your spouse filed a joint tax return
- Errors on the return resulted in understated taxes
- You were not aware of the errors
- You are divorced, legally separated, widowed, or have been living apart for at least 12 months
Equitable Relief
A safety net for individuals ineligible for either innocent spouse relief or separation of liability relief. This provides tax debt relief if the IRS determines that holding you responsible for your spouse's understated or underpaid taxes is unfair.
- You and your spouse filed a joint tax return
- Innocent Spouse Relief or Separation of Liability did not apply
- You never transferred assets with the intent to evade taxes or commit fraud
- Based on your complete situation, it would be unjust to hold you liable
How to Apply for Spouse Tax Relief
- 1Gather documentation supporting your claim that you were unaware of errors on the joint tax return
- 2Complete IRS Form 8857 (Innocent Spouse Relief) or IRS Form 8379 (Injured Spouse Relief)
- 3Include supporting documents such as financial records, correspondence, and evidence of your lack of knowledge
- 4Submit the form to the IRS and retain copies for your records
- 5Continue filing and paying your current taxes while awaiting the IRS decision
Tax Relief for Victims of Domestic Abuse
If you knew about errors on the return, you may still be eligible for tax relief if you were a victim of domestic abuse or violence before signing the tax return, you did not object to the items on the return out of fear, or you were pressured or threatened to sign the joint return.
Frequently Asked Questions
You Shouldn't Pay for Someone Else's Tax Mistakes
Find out if you qualify for Innocent Spouse Relief in a free consultation with AwayTax.
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