Innocent Spouse Tax Relief (Part 6)
Innocent Spouse Tax Relief, continued from last week
Conditions for Getting Equitable Relief: You may qualify for equitable relief if you meet all of the following conditions.
1. You are not eligible for innocent spouse relief, relief by separation of liability, or relief from liability arising from community property law.
2. You and your spouse (or former spouse) did not transfer assets to one another as a part of a fraudulent scheme. A fraudulent scheme includes a scheme to defraud the IRS or another third party, such as a creditor, ex-spouse, or business partner.
3. Your spouse (or former spouse) did not transfer property to you for the main purpose of avoiding tax or the payment of tax.
4. You did not file or fail to file your return with the intent to commit fraud.
5. You did not pay the tax.
6. You establish that, taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement or underpayment of tax.
7. The income tax liability from which you seek relief must be attributable to an item of the spouse (or former spouse) with whom you filed the joint return, unless one of the following exceptions applies:
a. The item is attributable or partially attributable to you solely due to the operation of community property law. If you meet this exception, that item will be considered attributable to your spouse (or former spouse) for purposes of equitable relief.
b. If the item is titled in your name, the item is presumed to be attributable to you. However, you can rebut this presumption based on the facts and circumstances.
c. You did not know, and had no reason to know that funds intended for the payment of tax were misappropriated by your spouse (or former spouse) for his or her benefit. If you meet this exception, the IRS will consider granting equitable relief although the underpayment may be attributable in part or in full to your item, and only to the extent the funds intended for payment were taken by your spouse (or former spouse).
d. You establish that you were the victim of abuse before signing the return, and that, as a result of the prior abuse, you did not challenge the treatment of any items on the return for fear of your spouse's retaliation. If you meet this exception, relief will be considered although the deficiency or underpayment may be attributable in part or in full to your item.
Continued next week
If you have a specific question regarding this article, as a public service, and at no cost to you, I invite you to call me with your question. Thank you for your interest in reading my tax column.
This column is offered as a public service with the understanding that each person's tax situation is different; that you should consult your CPA before taking any action based upon comments made in this article.
Call me and I will be happy to explain my “CPA Quality Tax Preparation at H&R Block Rates”™, my eMail-Order Tax Return Discount and how you can minimize your tax preparation fees. To read previously published tax articles go to www.danghazel.com. You can contact me at info@danghazel.com or call me at 305-451-4224.
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