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WHAT ARE THE 3 TYPES OF INNOCENT SPOUSE TAX RELIEF

By
Services for Real Estate Pros with Financial Management Services

The IRS Reform Act of 1998 created 3 types of Innocent Spouse relief:

1. Innocent Spouse Relief.

  • .Understatement is due to an erroneous item.
  • Innocent spouse did not know or have reason to know of the understatement.
  • Inequitable to hold him/her responsible for the tax.
  • Relief must be requested within 2 years of when collection activity began.
  • allocation of the liability.
  • refund is available if granted within 3 years of filing the return.

2. Separation of Liability Relief

  • Must be divorced or legally separated for at least 12 months.
  • No actual knowledge of the understatement of the item giving rise to the liability.
  • Must be requested within 2 years form when collection activity began.
  • Will be treated as if they filed separately.
  • No refund available but the liability is separated.

3. Equitable Relief.

  • Must meet the 7 threshold conditions for evaluation by the IRS.
  • Takes into account all facts and circumstances.
  • Liability is apportioned.
  • Must be filed before the Collection Statutory Expiration Date. Normally, 10 years from the date the tax was assessed..
  • Refunds are available.

 

If you or someone you know has an IRS issue, feel free to contact me at finmansvc@gmail.com or toll free at 800-485-0123

 

 

Sham Reddy CRS
Howard Hanna RE Services, Dayton, OH - Dayton, OH
CRS

I had no idea such a thing existed!!!

The IRS Reform Act of 1998 created 3 types of Innocent Spouse relief:

Sep 28, 2019 01:53 PM
Joseph Domino 480-390-6011
HomeSmart - Scottsdale, AZ
Real Estate Made Easy

Very much a little understood option. Only a knowledgeable tax professional can advise a client if it applies to them.

Sep 29, 2019 09:22 AM
Raymond Garnsey
Financial Management Services - Southbury, CT
IRS Enrolled Agent specializing in tax resolution

Innocent spouse relief is one area of my practice in dealing with the IRS and state tax agencies.

Sep 29, 2019 11:42 AM