When they said “marriage is forever,” they didn’t mean taxes. But the actions of your spouse can affect your own tax situation, sometimes drastically.
Innocent spouse relief is one of the more difficult types of relief to obtain from the IRS. Yet in some cases, you can be relieved of all IRS tax debt, interest and penalties if your spouse (or former spouse) improperly reported items or omitted items on your jointly-filed tax return.
The problem is, one spouse may be held responsible for the full amount of the tax debt, even if the other spouse earned all the income, and even after a divorce. In most cases, both taxpayers are jointly and individually responsible for tax debt to the IRS, including interest and penalties.
Innocent spouse relief will not be granted if the IRS proves that you and your spouse (or former spouse) transferred property to one another as part of a fraudulent scheme. That means a plan to defraud the IRS or another third party, such as a creditor, former spouse, or business partner.
There are three types of relief that are relevant here, each with different requirements: innocent spouse relief, separation of liability and equitable relief. Apex Tax Defense will look at your situation, talk through different possible strategies with you, and work with you to come up with a strong defense.