The IRS Innocent or Injured Spouse Relief can be a hard pill to swallow. After doing your taxes and filing, you realize that they are disallowed because you were not legally married at the time of the filing. But there is hope! This article breaks down the four types of innocent spouse relief and how you can apply for them.
Who is eligible for the innocent spouse relief?
The innocent spouse relief is available to married couples who are either legally married or in a civil union.
To be eligible for the relief, the couple must have been married for at least two years at the time of the filing of the petition. The marriage must also have been valid at the time it was entered into. There are a few exceptions to this rule, including marriages that are void or voidable at the time they are entered into.
If you are eligible for the innocent spouse relief, you may be able to get a tax refund or a reduction in your tax liability. You will need to submit a petition to the IRS and provide evidence that shows why you should be granted relief.
The Innocent Spouse Relief is available to married couples who are either legally married or in a civil union. To be eligible for the relief, the couple must have been married for at least two years at the time of the filing of the petition. The marriage must also have been valid at the time it was entered into. There are a few exceptions to this rule, including marriages that are void or voidable at the time they are entered into. If you are eligible for the
How do I apply for IRS Innocent or Injured Spouse Relief?
If you are married and your husband is declared by the IRS to be an “innocent” or “injured spouse,” you may be eligible for special tax relief. This relief can help you reduce or avoid taxes that otherwise would have been due, and it may also allow you to receive additional financial assistance.
To qualify for IRS Innocent or Injured Spouse Relief, you must meet all of the following requirements:
- You must be married to the person who was declared by the IRS to be an innocent or injured spouse.
- Your marriage must have been legally valid at the time it was entered into.
- Your marriage must have lasted for at least two years.
- You must have been a U.S. citizen or resident at the time your marriage ended.
- You must not have filed a joint return with your husband during the year before your marriage ended.
If you meet all of these requirements, you may be able to apply for special tax relief on your behalf, without involving your husband or the IRS.
What are the four types of innocent spouse relief?
The four types of innocent spouse relief are:
1) Actual Innocence
2) Constructive Innocence
3) Implied Innocent Spouse Relief
4) Equitable Innocent Spouse Relief
Actual innocence is when the spouse is innocent of the charge against them. This can be proven through evidence that was not allowed in court or evidence that was suppressed. Constructive innocence is when the spouse is innocent but cannot demonstrate this because the government has prevented them from having a fair trial. Implied innocent spouse relief is when the government knows the spouse is innocent but does not charge them with a crime. This type of relief is granted when there is a miscarriage of justice. Equitable innocent spouse relief is given to a spouse who has been unjustly treated by the government. This could be due to being arrested without cause, being served with criminal charges that may have been false, or having their property seized without due process.