There may be times when questions regarding innocent spouse relief crops up in your mind, but you do not know where to find the answers.
Below are some common questions and answers about innocent spouse and related tax relief provisions.
Q.
Is it possible for both spouses to get tax relief? A.
Absolutely, both can file Form 8857 to request relief.
Q.
Is the spouse not requesting relief have appeal privileges? A.
There is no appeal right given to the non-requesting spouse, except when he/she files a claim.
Q.
If I file a claim for innocent spouse relief will my spouse be notified? A.
Yes, the IRS is supposed to inform the non-requesting spouse for her/him to contribute to the proceedings.
Q.
Can you tell me the criteria for Innocent Spouse Relief to claim tax relief? A.
Listed are the qualifications for innocent spouse relief:

• A joint return was filed with an understatement of tax.
  
• The understatement of tax was due to an erroneous item of your spouse.
  
• You can ascertain that you were not aware of the understatement when you signed the combined return.
  
• It is important to claim relief within 2 years after the date on which the IRS first started collection actions against you.
  

Q.
If we are still married, but separated for a year before filing a claim for relief due to unavoidable reasons, can I get separation of liability relief? A.
This is only relevant to individual taxpayers who are no longer married or have been separated at least 12 months before filing the claim.
Q.
How do I request this tax relief? A.
File Form 8857 and Request for Innocent Spouse Relief.
All of the above information is for informational purposes only.