Innocent Spouse Relief
What is Innocent Spouse Relief?
When a married couple files a joint tax return, both spouses are generally held jointly and severally liable for any tax, penalties, and interest due—even if the errors were made solely by one spouse. This means that the IRS can hold both parties accountable for any underreporting of income, overstating deductions, or fraudulent claims.
Innocent Spouse Relief allows you to avoid paying tax liabilities that are solely the responsibility of your spouse, provided you meet certain qualifications.
You may be eligible for Innocent Spouse Relief if:
Your spouse (or former spouse) improperly reported income, deductions, credits, or tax basis on your joint return.
You were unaware (and had no reason to know) of these tax errors when the return was filed.
It would be unfair to hold you responsible for the unpaid taxes due to your spouse’s actions or omissions.
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