Do You Qualify For Innocent Spouse Relief?
If your spouse owes taxes, you may be held responsible for paying those taxes if you file a joint tax return. If you feel you are not responsible for the liability, you may file a separate tax return using the “married filing separately” option when you file.
What Happens If I Already Filed A Joint Tax Return?
If you have already filed a joint Illinois or federal return and receive a notice that all or part of your refund is being offset to satisfy a spouse’s tax liability, you may request a refund of your portion of the payment by seeking innocent spouse relief to secure a refund that was used to offset against your spouse’s tax liability.
If you filed a joint return with your spouse, and at the time you signed the joint return you had no reason to know your spouse did not report income, claimed false deductions or credits, or otherwise prepared an unlawful tax return, and you believe your spouse is the one responsible for paying the tax liability, you may file a form to request for innocent spouse relief.
There are specific time period limits in which the request may be filed and exceptions to those limits, depending on your situation. You will need to show hardship, you had no control over the finances or tax return. Please contact our firm if you filed a joint tax return and have been contacted by the IRS or Illinois Department of Revenue with information that you owe more taxes.
When Do I File For Innocent Spouse Relief?
According to the IRS, as soon as you become aware of a tax liability for which you believe only your spouse or former spouse should be held responsible you may file for innocent spouse relief. You may be made aware when the IRS sends you a notice that they are reviewing your tax return and are proposing to increase the amount of taxes you owe.
If innocent spouse relief is granted, the Illinois Department of Revenue or the IRS may still hold you accountable for penalties or interest on your separate part of the tax liability. Contact Demetrius J. Karos, Ltd., today for straightforward guidance and assistance from an attorney providing results-driven tax law services. Call 815-534-4402.