Tax Attorney San Jose, CA

Innocent Spouse Relief

Innocent spouse relief

Filing a joint return with your spouse seems natural but if he or she is not honest with the IRS, it can cause serious tax issues. Sometimes a spouse will misrepresent a portion of the joint income without a partner's knowledge in an effort to pay less taxes. If the IRS uncovers an issue like this, it won't care who prepared the tax return, how much taxable income each person earned individually, or even if you're still married. To the IRS, both names are on the return so both parties are liable for the taxes.

Thankfully, there is a provision in the Internal Revenue Code for the innocent party in these cases. It's called innocent spouse relief and Rosado Tax Law can help you apply.

Qualifying for Innocent Spouse Tax Relief

If you qualify for innocent spouse relief, you won't be responsible for back taxes and interest owed on a joint tax return where your spouse neglected to report the full joint income. There are different ways in which you can qualify for innocent spouse relief. If the tax due was understated on your joint return, you may qualify if the understatement was due to your spouse or former spouse. Alternatively, you may qualify if it would inequitable to hold you liable for the joint tax liability resulting from an understatement or underpayment.

Call Nicholas Rosado at 408-217-2476 today or request a free consultation online now to find out if you qualify and how to apply.