Innocent Spouse Relief
When you sign a joint return, you're each responsible for the full tax, even after divorce. If the debt belongs to your spouse or former spouse, innocent spouse relief may separate you from it. We assess your case and present it effectively.
How Nelson & Associates handles Innocent Spouse Relief
The IRS offers three types of relief. Innocent spouse relief applies when there is an understatement of tax due to your spouse's erroneous items that you didn't know about. Separation of liability allocates an understatement between former spouses who are divorced, separated or living apart. Equitable relief covers situations, including unpaid tax shown on the return, where holding you liable would be unfair.
Each type has its own requirements and deadlines. The IRS considers factors such as knowledge, economic hardship, abuse and who benefited from the unpaid tax. Our forensic accounting background helps us trace funds and document the facts that support your request.
Who this is for
- Divorced or separated taxpayers with joint return balances
- Spouses who didn't know about unreported income
- People whose spouse controlled the household finances
- Taxpayers facing collection on a former spouse's debt
- Survivors dealing with a deceased spouse's tax issues
- Spouses expecting a refund that will be offset (injured spouse)
Everything covered in our Innocent Spouse Relief service
- Review of joint returns and IRS transcripts
- Analysis of which type of relief fits
- Form 8857 preparation with a detailed narrative
- Supporting documentation and fund tracing
- Injured spouse claims (Form 8379) where applicable
- Responses to IRS information requests
- Appeals of preliminary determinations
- Coordination with your divorce attorney
The paperwork behind Innocent Spouse Relief
| Form 8857 | Request for Innocent Spouse Relief |
|---|---|
| Form 8379 | Injured Spouse Allocation |
| Publication 971 | Innocent spouse relief rules and examples |
| Form 12509 | Statement of disagreement for appeal |
What we’ll need from you
Have these ready and your first meeting goes faster. Missing something? We’ll help you find it.
- The joint returns in question
- IRS notices about the balance
- Divorce decree or separation agreement
- Records showing who handled finances
- Bank statements from the relevant years
- Any evidence of abuse or financial control, if applicable
How it works, step by step
Free confidential consultation
Tell us what the IRS sent and what has happened so far.
Get your IRS file
We pull your transcripts to see exactly what the IRS sees.
Build the solution
We file what's missing and choose the best resolution option.
Resolve and stay compliant
We negotiate, confirm the outcome and keep you on track.
Why clients choose us for Innocent Spouse Relief
CPA representation
With your signed Form 2848 we deal with the IRS directly, so you don't have to.
Efficient and affordable
We work toward the fastest resolution that fits your finances.
Extremely discreet
Your situation stays private, handled only by authorized staff.
Fraud and forensic background
Our founder has served as an expert witness in federal tax cases.
Innocent Spouse Relief across the United States
From our Doral office we provide Innocent Spouse Relief to clients in all 50 states and Washington, D.C. Hover over a state to see its tax profile and the cities we serve; tap it to open the state page.
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Innocent Spouse Relief FAQs
5 answers to the questions clients ask most. Don’t see yours? Ask us directly.
What is the difference between innocent spouse and injured spouse?
Innocent spouse relief removes your responsibility for tax owed on a joint return. Injured spouse relief protects your share of a joint refund from being applied to your spouse's separate debts.
Is there a deadline?
Innocent spouse relief and separation of liability generally must be requested within two years after the IRS begins collection against you. Equitable relief has longer time limits.
Will my former spouse be told?
Yes. The IRS is required to notify the other spouse and give them the opportunity to participate.
Does a divorce decree protect me?
Not from the IRS. A decree assigning the tax to your former spouse is binding between the two of you, but the IRS can still collect from either person on a joint return.
Do you offer Innocent Spouse Relief outside Florida?
Yes. Our office is in Doral, Florida, and we work with clients across the United States and abroad through secure uploads, phone and video meetings and e-signatures. South Florida clients are welcome to meet with us in person.
Talk to a CPA about Innocent Spouse Relief.
Your initial consultation is free. Call us, email us or visit our Doral office, and we’ll tell you exactly what you need and what it will cost.