Tax Relief: Innocent Spouse Rule

It makes the most sense for many married couples to file joint tax returns when filing federal income tax returns. This can result in some tax relief and, more often than not, a lower tax bill. This approach can also have a downside though, particularly if the Internal Revenue Service starts to question the accuracy of the submitted tax return.

Generally speaking, in a joint filing, both taxpayers will be individually and collectively responsible for taxes, penalties and interest owed to the IRS. This is also true if only one spouse was earning income during the specified tax period. However, if one of the spouses made an error in understating their income, both will be held responsible for the error and both become answerable to the IRS. This situation is not helpful for any kind of tax relief.


It is good advice for anyone to carefully review a tax return before signing and submitting it to the Internal Revenue Service. However, sometimes even taking such common-sense steps such as these cannot stop mistakes, omissions and even deception from occurring. In order to prevent this, the Tax Code has a specific provision that has been designed to protect “the innocent spouse” and this offers some tax relief.

Under this provision, there are three types of tax relief. In order to take advantage of this relief, the taxpayer must submit the appropriate form to the IRS not later than two years after the Internal Revenue Service tries to collect the tax, stating why he/she qualifies for relief.

These are:
• innocent spouse relief
• by separation of liability
• equitable relief

By: N.F.Centeno

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