It would be best to have an expert opinion on tax relief options to help answer questions. Tax relief is a settlement agreement with the IRS to pay less than you owe or pay over a set period but still have the tax debt considered satisfied.

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6. Innocent Spouse Relief

If you are married and filed a joint tax return, you may be eligible for innocent spouse relief. This relief allows taxpayers to avoid liability for their spouse’s unpaid taxes. To qualify for this relief, you must:

  • Be unaware of your spouse’s unpaid taxes
  • Have filed a joint tax return
  • Not be responsible for paying the taxes

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When you file a joint income tax return, the law makes you and your spouse responsible for the entire tax liability. This is called joint and several liabilities. Joint and several liabilities apply to the tax liability you show on the return and any additional tax liability the IRS determines to be due, even if the extra tax is due to income, deductions, or credits of your spouse or former spouse. You remain liable for taxes, and the IRS can still collect them from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax.

In some cases, a spouse (or former spouse) will be relieved of the tax, interest, and penalties on a joint tax return. Three types of relief are available to married persons who filed joint returns.

  1. Innocent spouse relief.
  2. Separation of liability relief.
  3. Equitable relief.

Married persons who did not file joint returns but live in community property states may also qualify for relief.

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