Innocent Spouse Relief

If you have been unjustly placed on the IRS’s radar due to your significant other’s actions, consider reaching out to Frost Law’s accomplished Innocent Spouse Relief attorneys. Tax responsibilities can get muddle and hard to decipher when they clash with a couple’s marital status and family dynamics. Whether you are the husband or wife, our skilled team of Pennsylvania tax attorneys can get you the legal relief you need.

Are you looking to get innocent spouse relief?

Give us a call at (717) 251-5029 or fill out a brief contact form.

What is an Innocent Spouse?

It is common knowledge that a married couple can file their income tax jointly. While this arrangement has many advantages, you could be placed on the hook for further tax payments if your partner failed to properly file your joint tax returns. These payments could include unpaid taxes, the accumulated interest, and penalties for missed payments. Even if you have divorced your significant other, their actions during your marriage could still place an unjust legal burden on your shoulders.

If you are unsure whether you meet the required eligibility for innocent spouse relief, Frost Law’s well-practiced attorneys could review your case and answer any questions you may have.

Filing Form PA-8857

To qualify for innocent spouse relief, a person must fill out and submit IRS 8857 to the Internal Revenue Services. Once the IRS reviews the necessary paperwork, you will be notified as to whether you qualify as an innocent spouse. An approval on the form PA-8857 requires petitioners to follow strict conditions and deadlines throughout the filing process. Some of the conditions that the IRS reviews to determine a person’s eligibility include:

  • The petitioner must have filed a joint return with a tax understatement caused by the spouse’s actions
  • The petitioner must prove that they were reasonably unaware of any errors on their joint returns
  • The petitioner must prove the additional liabilities they are facing would place an unfair burden on them

Since the PA-8857 form can only be filed once, petitioners must build a strong case for eligibility before. Frost Law can help jump through the necessary hoops to ensure that your IRS 8857 has the best chance for an approval. Call today and get started immediately to avoid missing any deadlines.

Types of Innocent Spousal Protection

Since every couple’s circumstance is different, the IRS provides for three different types of innocent spouse protection. Each type has its own advantages and conditions.

Traditional Innocent Spouse Relief

  • Applies to married and divorced people
  • There must be an understatement of income on a couple’s joint tax return
  • The IRS 8857 form must be filed within 2 years of the start of any IRS collection activity
  • The petitioner must claim they did not know or have reason to know about the income

Separation of Liability

  • Applies to married and divorced people
  • There must be an understatement of income on a couple’s joint tax return
  • The IRS 8857 form must be filed within 2 years of the start of any IRS collection activity
  • If successful, both parties will be treated as if they originally filed their taxes as “married, filing separately”
  • This is typically a better solution for spouses who did not earn an income during the relationship

Equitable Relief

  • Either there is an understatement of income on a couple’s joint tax return, OR the tax return is correct but there are unpaid taxes
  • The IRS 8857 form does NOT need to be filed within 2 years of the start of any IRS collection activity
  • If successful, the liability for taxes will be assigned fairly between the spouses

To maximize your chances of an approval, contact Frost Law to discuss which type of relief best suits your situation.

Get Innocent Spouse Tax Help Today

It can be disheartening to learn that your spouse’s actions or carelessness has landed you in legal trouble. But you do not need to take such circumstances lying down. Contact Frost Law’s dedicated attorneys at (717) 251-5029 immediately to fill out your innocent spouse tax help. Our legal team will help husbands and wives in the Pennsylvania area fill out the form PA-8857 to settle their tax problems once and for all.