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Innocent Spouse Relief Lawyers in Fort Lauderdale

Guiding Spouses Worldwide through their Tax Law Options

Does the adage "for better or worse" include tax fraud? If you are innocent of errors a spouse or ex-spouse made on a jointly filed tax return, the IRS could relieve the debt by granting innocent spouse relief. At Bucci Law Offices, we provide compassionate support for clients who are facing tax issues because of a joint tax return filing. Our Fort Lauderdale innocent spouse relief attorneys have the skill and experience to guide you through this process.

If the IRS determines that a joint tax return contains a deficiency, both spouses are equally responsible for that liability, regardless of who is to blame. The IRS does not care who made the error. They simply care about recovering owed money. This could be the responsibility of an innocent spouse, even if they have no knowledge of the underreported income or overstated deductions.

Our experienced tax attorneys in Fort Lauderdale have worked with taxpayers just like you for more than two decades. Call (954) 800-2333 today.

What Is Innocent Spouse Relief?

Innocent spouse relief is when the IRS grants relief to a spouse who is not responsible for incorrect tax filings. If the IRS grants innocent spouse relief, the innocent spouse is not responsible for tax liabilities, including interest and penalties. Examples of incorrect tax filings include when the spouse or former spouse fails to properly report items on a jointly filed tax return.

To qualify for innocent spouse relief, the following conditions must be met:

  • A joint return is filed with an understatement of tax attributable to your spouse
  • You did not know and had no reason to know of a tax underpayment on the signed return
  • It would be unfair to hold you liable taking all facts and circumstances into account
  • No property is transferred between spouses as part of a fraudulent scheme

Qualifying for relief depends on what is proven in court. Let our Fort Lauderdale tax attorneys advocate your position to the IRS to help avoid costly and often irreversible mistakes.

Types of Innocent Spouse Relief

Although married couples file joint returns to save money, few are aware that both parties are jointly and individually liable for any tax, interest, and penalties due. This is not affected by a divorce or any divorce agreement. This means that joint tax liability can remain even if your marriage does not survive "until death do you part."

There are three types of relief from joint liability for spouses who filed joint returns:

  • Innocent Spouse Relief Under §6015(b): Available for understatements; depends on what the innocent spouse knew when the signing the return. This relieves the burden of the tax, interest, and any penalties for the innocent spouse.
  • Separation of Liability Relief Under §6015(c): Available for understatements and based on marital status. You must no longer be married to the filing spouse or widowed or separated from the filer for 12 months prior to the Separation of Liability Relief filing.
  • Equitable Relief Under §6015(f): This option may be available for understatements and underpayments that are not eligible for the other forms of relief. You may also qualify for equitable relief if the correct amount of tax is reported on your joint return, but the tax remains unpaid.

How Can I Apply for Innocent Spouse Relief?

To apply for innocent spouse relief, file IRS Form 8857, Request for Innocent Spouse Relief. You may also file a written statement, signed under the penalty of perjury, containing the same information required on Form 8857. You have a limited amount of time to request relief, so act quickly with the help of a qualified lawyer.

If you believe your current or former spouse has understated a tax liability or did not pay the tax owed with a jointly filed return, Bucci Law can help. Our experienced Fort Lauderdale tax attorneys can analyze your case to determine if you can file for the protections of Innocent Spouse Relief for your IRS tax problems. We have over 20 years of experience finding solutions that work.

Contact our firm at (954) 800-2333 to schedule a consultation at our Fort Lauderdale or Miami offices.

Why Choose Bucci Law Office for Your Tax Needs

  • Certified Public Accountant in OH & FL

  • Handles the Most Difficult Tax

  • Understands Tax Returns

  • Masters in Taxation

  • Over 50 Years of Collaborative Experience

  • Masters in International & Comparative Law

  • Recognized by Martindale-Hubbell, Super Lawyers & Avvo for Excellence