When the tax debt was your spouse's
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- You
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- Blaga Veleva, EA
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- Form 8857
Innocent spouse relief can free you from tax, interest and penalties that came from your spouse or former spouse's error on a joint return. You request it on Form 8857, generally within 2 years of when the IRS first began collecting from you, per IRS Publication 971. Blaga Veleva, EA, prepares the request and answers the IRS for you.
What should you do this week about innocent spouse relief?
Find the first IRS notice that tried to collect from you, because the 2-year clock usually runs from there. Then gather what shows your side: the joint returns, separation or divorce papers, and anything showing you didn't know about the income. If you ask for relief for a year, the IRS cannot collect from you for that year while your request is pending, per IRS Publication 971. Filing promptly helps. If notices went to an address you no longer share, your account transcript shows the dates they were sent.
What kinds of relief does Form 8857 cover?
Three: innocent spouse relief, separation of liability, and equitable relief. The IRS innocent spouse page says one form asks for all three. Separation of liability splits an understated tax between former spouses. Equitable relief can cover tax that was reported but not paid. It has its own deadlines, tied to the collection period for a balance due.
Does living in Texas change your case?
It can. Publication 971 lists Texas as a community property state. For relief on a joint return, it says state community property laws are not taken into account when deciding whose item it was. If you filed separately in Texas and the IRS holds you liable for your spouse's community income, there is a separate route: relief from liability arising from community property laws, also requested on Form 8857. Blaga sorts out which route matches how you filed.
How long does the IRS take to decide?
The IRS says review "may take up to 6 months or longer," and it contacts your spouse or former spouse. If you are a victim of domestic abuse, tell us, so the request is prepared with that in mind. The IRS notes an exception for abuse victims. If you disagree with the result, you can appeal within 30 days of the determination letter. Keep your address current with the IRS during the review, so the determination letter reaches you and the appeal window isn't lost.
What if the IRS is already collecting?
File the request and deal with collection at the same time. A final notice, a levy, or a lien can be in motion on a joint account. Blaga contacts the IRS under Form 2848 and makes sure the pending request is on record. If you also owe tax of your own, she sets up a plan for that part.
How does Blaga Veleva help with Form 8857?
She reviews the joint returns year by year, sorts which items were yours and which were not, and writes a clear statement of facts to support the form. A specific, documented account gives the IRS what it needs to decide. See more about back taxes on joint accounts. If relief is granted for some years and not others, she sets up a plan for the remaining balance.
Which documents support a Form 8857 request?
Anything that shows what you knew, what you controlled, and what happened to the money. That can include the joint returns, bank statements in each name, the divorce decree or separation papers, and records of who handled the finances. If there was abuse, notes or reports help, and you only share what you are comfortable sharing. Blaga organizes these by tax year so the IRS can follow them. If you need a fresh start on filing, see individual tax preparation.
Questions people ask
Q1Am I liable for my spouse's tax debt in Texas?
On a joint return, both spouses are generally liable, which is why innocent spouse relief exists. Texas is a community property state, but for joint-return relief the IRS doesn't use community property law to decide whose item it was.
Q2How do I file Form 8857?
Complete Form 8857, Request for Innocent Spouse Relief, with a statement and documents showing why you should not be held liable. File an additional form if you request relief for more than 6 years.
Q3What is the deadline for innocent spouse relief?
IRS Publication 971 says to file Form 8857 no later than 2 years after the date on which the IRS first began collection activities against you. Equitable relief for a balance due can be requested within the period the IRS has to collect.
Q4Will my spouse or ex find out I asked for relief?
Yes. The IRS contacts the other spouse or former spouse as part of the review. Tell your representative about any safety concerns before you file.
Q5What if the IRS denies my request?
You can appeal within 30 days from the date on your determination letter. Blaga can prepare the appeal with any facts the first request missed.