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Are You Liable? How Innocent Spouse Relief Can Help You in Savannah GA
Are You Liable? How Innocent Spouse Relief Can Help You in Savannah GA
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The concept of “Innocent Spouse Relief” applies to situations where individuals file joint tax returns. Subsequently, one spouse (or ex-spouse) becomes liable for tax, interest, and penalties that the other spouse believes should not be their responsibility.
If you’re in Savannah, GA, seeking this relief could protect you from being held responsible for your spouse’s tax errors. This could include unreported income or incorrect deductions and credits. Having a tax attorney from J. David Tax Law can help you secure Innocent Spouse Relief and address all your tax issues. Here are some of the key points that you need to know:
You May Be Eligible
You might be eligible for Innocent Spouse Relief if:
- You filed a joint return which has an understatement of tax due to erroneous items of your spouse.
- You establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understatement of tax.
- Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax.
What to Do If You Receive a Notice
If you receive a notice from the IRS regarding a tax liability for which you believe you should not be held responsible, you should:
- Review the notice closely to understand why the IRS is assessing the liability.
- Consider consulting a tax professional who can advise based on your situation.
- File Form 8857 (Request for Innocent Spouse Relief) as soon as possible since there are time limits on requesting this relief.
Finding a tax law attorney can help you get a favorable tax resolution and represent you during IRS negotiations. If you are looking for a trusted legal partner in Savannah, GA, the tax lawyers from J. David Tax Law are a great option. They have the knowledge and experience in innocent spouse relief cases including tax debt relief, audits, unpaid taxes, and more.
Additional Types of Innocent Spouse Relief
Apart from Innocent Spouse Relief, there are two other types of relief you might qualify for:
Separation of Liability Relief
This relief divides the understatement of tax (plus interest and penalties) on your joint return between you and your spouse (or ex-spouse). This will make you responsible only for the amount allocated to you. To qualify, you must be divorced, legally separated, widowed, or have not lived with your spouse at any time during the 12 months before filing the request.
Equitable Relief
If you do not qualify for Innocent Spouse Relief or Separation of Liability Relief, you may still qualify for Equitable Relief. This applies to understated tax or unpaid tax and considers various factors, including your situation, to determine if it would be unfair to hold you liable.
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If you’re in a situation where you’re being held liable for tax errors you believe are not your fault, especially in Savannah, GA, understanding these relief options is crucial. Each has specific eligibility requirements and solving them on your own can be more complex.
Consulting with a tax lawyer from J. David Tax Law is one of the best solutions that you can do when facing an IRS tax notice. This world-class tax law firm is knowledgeable about federal and Georgia state tax laws and can guide you to improve your chances of successfully obtaining relief. Call them today at (912) 491-2570 to get a free tax consultation.
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Frequently Asked Questions
What happens when I file a joint tax return with my spouse?
When filing a joint tax return, both spouses are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise from the joint return, even if they later divorce. This means the IRS can pursue either spouse for the full amount of the liability.
However, under certain conditions, you can be relieved of the liability associated with erroneous items of your spouse (or former spouse) through Innocent Spouse Relief.
However, under certain conditions, you can be relieved of the liability associated with erroneous items of your spouse (or former spouse) through Innocent Spouse Relief.
How to appeal the IRS decision on the denial of Innocent Spouse Relief?
If the IRS denies your request for Innocent Spouse Relief, you can appeal by filing a written protest within 30 days of the denial notice. This protest should detail your disagreement and include supporting facts, the law or authority you’re relying on, and a perjury statement. It’s also advisable to consult a tax professional from J. David Tax Law.
The IRS Office of Appeals, an independent body, will review your case, considering any new information provided. If you disagree with their final decision, further legal options, such as court, may be available depending on the case specifics.
The IRS Office of Appeals, an independent body, will review your case, considering any new information provided. If you disagree with their final decision, further legal options, such as court, may be available depending on the case specifics.
How many days should I wait after I submit a request for an Innocent Spouse Relief in Savannah?
The timeline for receiving a response from the IRS can vary widely depending on the complexity of your case, the IRS’s current backlog, and specific details of your situation. Generally, taxpayers can expect to wait anywhere from a few months to a year for a decision. The IRS does not provide a specific number of days within which you will receive a response, but they typically aim to resolve issues within 6 months after receiving the request.
To get a more accurate estimate or update on your case, you can contact the IRS directly or check the status through their online tools if available. It’s also helpful to keep in mind that the IRS’s processing times can be affected by staffing issues, the volume of requests, and other factors beyond your control. Patience is key and staying in touch with the IRS or consulting with J. David Tax Law can keep you updated.
To get a more accurate estimate or update on your case, you can contact the IRS directly or check the status through their online tools if available. It’s also helpful to keep in mind that the IRS’s processing times can be affected by staffing issues, the volume of requests, and other factors beyond your control. Patience is key and staying in touch with the IRS or consulting with J. David Tax Law can keep you updated.
What is Innocent Spouse Relief in Savannah, GA?
This relief is particularly sought in situations where one spouse was unaware of the inaccuracies that led to an understatement of tax. The aim is to protect the innocent spouse from being held liable for the tax liabilities resulting from the mistakes or fraudulent actions of their spouse or ex-spouse on a joint tax return.
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