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While there are many benefits to filing a joint tax return as a married couple, there can also be disadvantages! Did you know that if you file a joint tax return with your spouse, both parties are jointly liable for tax debts associated with that tax return? This could lead to an unfair situation depending on the circumstances. For example, if one spouse has been involved in illegal activity without the other's knowledge, the IRS can hold both parties liable for unpaid taxes related to that unlawful income. The good news is, if you do find yourself in a similar situation there are ways to resolve it and Golden Lion Tax Solutions can help.

What is Innocent Spouse Relief?

In some situations, you may be able to petition for Innocent Spouse Relief, which will provide you with relief from tax debt owed as a result of a spouse, or former spouse failing to report income, or claiming improper deductions and/or credits. To qualify for Innocent Spouse Relief, you must satisfy the following requirements:

  • Your joint return has an understatement of tax solely attributed to your spouse's erroneous items.
  • You can establish that at the time of filing you had no reason to believe that there was an understatement of tax.
  • You are divorced, separated, or no longer living with your spouse and an understatement of tax is assessed.
What is Injured Spouse Relief?
What is Innocent Spouse Relief?

What is Injured Spouse Relief?

In some circumstances, a taxpayer can petition the IRS to recognize a spouse as "injured", and a refund can be sought of the tax overpayment that was confiscated to pay a spouse's debt, such as:

  • Federal or State past-due taxes,
  • Child support, or
  • Non-tax debts that are Federally enforced such as student loans

Disclaimer: There are requirements that must be satisfied in order to qualify for some of the tax solutions we discuss on our website. Not all of our services will be suitable for every client. Golden Lion Tax Solutions is here to help you find the most appropriate resolution strategy to fit your situation.