How Does Innocent Spouse Relief Work?

Can you be held responsible for taxes a spouse or recently made ex-spouse failed to declare on your joint tax return? Yes and no. It’s called innocent spouse relief, but there are several hoops to jump through to get it.

Innocent spouse relief allows the opportunity to transfer tax, interest, and penalties to the spouse who improperly reported your joint tax responsibility. However, the rule applies to individual income and self-employment taxes only. Plus, according to the IRS, you must:

  • Have filed a joint return with an understatement of tax due to errors made by your spouse (or former spouse), including unreported income or incorrect deductions, credits, or basis of assets.
  • Establish that at the time you signed the joint return, you did not know and had no reason to know that there was an understatement of tax.
  • Prove that it would be unfair to hold you liable for the understatement of tax.
  • Not have transferred property as part of a fraudulent scheme to defraud the government.

These conditions are explained more in depth here. The requirements are tricky to meet, particularly when it comes to proving there was no knowledge of the error in question. The burden of proof rests solidly on your shoulders and it is extremely difficult to prove a negative. One exception to the rule is in domestic abuse cases in which you may have had actual knowledge of the error but were under duress or afraid of retaliation.

Two recent Texas cases serve as good examples. The first one, explained colorfully here in The El Paso Times, involves embezzlement. A wife embezzled money from her employer over two tax seasons. She was caught and convicted, and then the IRS demanded its cut of the “income.” The husband claimed he didn’t know about the crime until after his wife was caught.

He was granted only partial innocent spouse relief. Why? He didn’t entirely pass the test because it was ruled that he should have known about the activity or, as the IRS puts it, “a reasonable person in similar circumstances would have known of the understatement.”

Another example involves a divorced couple who jointly filed after he moved in to take care of her and their children when she became seriously ill.

“Although Mr. Bailey and Ms. James had been divorced for several years, Mr. Bailey worked with his accountant to file a joint Federal income tax return for himself and Ms. James for 2010. Trusting in her ex-husband, Ms. James did not review this return before signing it. The IRS issued a refund of $11,015, which was deposited into Mr. Bailey’s bank account,” the ruling reads. “The IRS subsequently examined the 2010 joint tax return, determining that it had failed to report Ms. James’ unemployment compensation, $17,680, Mr. Bailey’s nonemployee compensation, $14,002, and interest income, $100. The IRS accordingly assessed additional tax of $10,990, an accuracy-related penalty…and statutory interest of $390.”

The ex-wife contested the new tax bill (which was applied to her more recent tax returns), claiming innocent spouse relief. However, the mere fact that they filed a joint tax return years after their divorce invalidated the request. Even so, not reviewing a tax return she signed complicated her defense, as did the fact that part of the undeclared income was her own (her unemployment compensation).

When full innocent spouse relief isn’t a logical fit, there are other options for relief that the IRS will consider. These include:

  • Relief by Separation of Liability: Divides the understatement of tax, interest and penalties on your joint return between you and your spouse (or former spouse).
  • Equitable Relief: When you don’t qualify for innocent spouse relief or separation of liability, you may still be relieved of responsibility for tax, interest, and penalties in this “catch-all” category.

If you’ve turned a blind eye to what your spouse or ex-spouse claims in taxes, your options are limited. Otherwise, if you can prove innocence, you may have a case in putting the tax burden back onto your “other half.” For steps on how to proceed, read through these Q&As from the IRS and talk to a reputable CPA with experience requesting tax relief. Feel free to contact us with questions.

Photo from 123rf.com

February 9, 2021

Client Spotlight

Nobody else wanted the difficult cases. Jason DeSouza took them anyway, and that experience shaped everything that followed….
Family business succession is one of those conversations many owners know they need to have but keep postponing….
Thinking about buying equipment or a vehicle before year-end for the tax write-off? Before you sign, here are 3 important questions you should ask….
Want to help your grandkids pay for college? Here’s what to know before you give….
If your business generates $1.5 million or more in revenue, how do you capture the tax benefits of family payroll while keeping your business fully…
If you’re setting aside money for your kids or grandkids, the new IRC Section 530A may be a tax-smart way to do it….
When two high earners say “I do,” protecting pre-marital wealth isn’t unromantic—it’s essential strategic planning….
Cryptocurrency may have gone mainstream, but tax compliance is rapidly catching up with updated IRS property classifications and Form 1099-DA broker reporting to evolving regulations….
You might be sitting on a valuable tax strategy without realizing it. Before you make any moves, keep these critical rules in mind….
Under certain circumstances, an S corp election can be great for tax savings, but it’s not always great for growth. Here’s what you should know…
As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what…

Blogs and Articles

Client Spotlight: DeSouza Injury Lawyers

Nobody else wanted the difficult cases. Jason DeSouza took them anyway, and that experience shaped everything that followed....

Client Spotlight: DeSouza Injury Lawyers

Read More

Unsticking Your Family Business Succession Plan

Family business succession is one of those conversations many owners know they need to have but keep postponing....

Unsticking Your Family Business Succession Plan

Read More

A Caution About Year-End Tax Write-Off Purchases

Thinking about buying equipment or a vehicle before year-end for the tax write-off? Before you sign, here are 3 important questions you should ask....

A Caution About Year-End Tax Write-Off Purchases

Read More

Help Grandchildren with College the Tax-Savvy Way

Want to help your grandkids pay for college? Here's what to know before you give....

Help Grandchildren with College the Tax-Savvy Way

Read More

Spotting Illegal Trusts and Private Family Foundation Arrangements

Spotting Illegal Trusts and Private Family Foundation Arrangements

Read More

Family Business Payroll Tips and Traps

If your business generates $1.5 million or more in revenue, how do you capture the tax benefits of family payroll while keeping your business fully...

Family Business Payroll Tips and Traps

Read More

Is the Trump Account a Safe Bet for Gift Tax Savings?

If you're setting aside money for your kids or grandkids, the new IRC Section 530A may be a tax-smart way to do it....

Is the Trump Account a Safe Bet for Gift Tax Savings?

Read More

Protecting Dual-Income Pre-Marital Wealth

When two high earners say "I do," protecting pre-marital wealth isn't unromantic—it's essential strategic planning....

Protecting Dual-Income Pre-Marital Wealth

Read More

Crypto Tax Changes Are Coming, But What Does That Mean?

Cryptocurrency may have gone mainstream, but tax compliance is rapidly catching up with updated IRS property classifications and Form 1099-DA broker reporting to evolving regulations....

Crypto Tax Changes Are Coming, But What Does That Mean?

Read More

What Is Tax Loss Harvesting?

You might be sitting on a valuable tax strategy without realizing it. Before you make any moves, keep these critical rules in mind....

What Is Tax Loss Harvesting?

Read More

Is an S-Corp Election Still Right for Small Business Owners?

Under certain circumstances, an S corp election can be great for tax savings, but it’s not always great for growth. Here’s what you should know...

Is an S-Corp Election Still Right for Small Business Owners?

Read More

Do Businesses Need Tax Liability Insurance?

As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what...

Do Businesses Need Tax Liability Insurance?

Read More

Princess Professional

From accountant to owner, and now to a successful exit! Amir Kamel proved that "everything good takes time"—including walking away on your own terms. Read...

Princess Professional

Read More

Princess Beauty Supply

After waiting 11 years for his visa, Amir Kamel's journey from Cairo to building a multi-million dollar Texas business is a true masterclass in grit,...

Princess Beauty Supply

Read More

100% Bonus Depreciation: Hits and Misses

Used wisely, 100% bonus depreciation can fuel growth and protect cash flow; used poorly, it can create unnecessary debt and future tax friction....

100% Bonus Depreciation: Hits and Misses

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)