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Today on MyMoneyLife with Chuck Bentley

Tueday, January 26, 2010

Innocent Spouse Tax Relief

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Chuck Bentley

Imagine getting a notice from the IRS that you’re being audited for non-payment of taxes. Scary enough?

Well, now imagine that you’re completely unaware of the income and tax liabilities cited by the IRS.

This nightmare is all too real for many individuals who are kept in the dark about the finances of their spouse or ex-spouse.

The problem got so bad that Congress did something about it in the ‘ 90s, passing so-called “Innocent Spouse Relief” legislation.

According to Forbes.com, here are 3 key things you need to know about the IRS’s Innocent Spouse provision:

  1. If you file jointly with your spouse, the IRS can hold you liable for 100% of your spouse’s income, even if you earned nothing.


  2. You don’t have to be divorced to request Innocent Spouse relief. If you feel the IRS is coming after you for something your spouse did, regardless of your marital status, you should request relief using IRS form 8857.


  3. The IRS will ask a lot of questions. For example: Were you aware of the financial activity cited in the audit? Will you be able to meet basic living expenses if you’re held liable for the taxes?

Not surprisingly, the IRS is very stingy about granting Innocent Spouse Relief, so you should seek help from a certified tax professional if you suspect that your spouse or ex-spouse is cheating on their taxes.

Jesus said we should give unto Caesar what is his, but that doesn’t mean you should pay more taxes that you don’t fairly owe.

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