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HOME | BLOG | TAXES | INNOCENT VS. INJURED SPOUSE RELIEF
Injured and Innocent Spouse Relief are available remedies for those tax payers who are of the married filing jointly category. Each available option releases eligible tax payers from pay some of not all of their tax liabilities. To not confuse the two, each option comes with a set of requirements and/or qualifications the tax payer will need to meet.
What is the difference between Innocent & Injured Spouse Relief?
Injured Spouse Relief
Injured spouse relief is for a joint return where one taxpayer owes a past due tax balance and one spouse does not. The spouse that does not owe or have a past due tax liability may be eligible to claim a refund for their share of any overpayments made.
To become eligible for this relief a injured spouse must have reported income and be filing a joint return.
Innocent Spouse Relief
Both spouses are responsible for paying the full amount owed in tax, including penalties and interest due. However one taxpayer is relieved from pay either some or all of the balance due, if they qualify.
To qualify for this particular relief, a taxpayer filing jointly must provide evidence to support their claim of innocence. Taxpayer must show the spouse underreported income or falsely claimed deductions without the taxpayer’s knowledge or awareness.
The qualifying taxpayer must confirm a divorce or separation where taxpayers are no longer living with each other.
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