Innocent Spouse Relief in Florida: Can You Avoid a Partner’s Tax Debt?

When you file taxes jointly, you and your spouse become equally responsible for any amount owed. Unfortunately, this can leave one partner on the hook for tax debts caused by the other’s mistakes or intentional misreporting.

If you live in Florida and face unexpected IRS collection actions because of your spouse’s (or ex-spouse’s) tax issues, you may be eligible for Innocent Spouse Relief. Our experienced Florida tax-IRS attorney explains how it can protect you.

Qualifications for Innocent Spouse Relief in Florida

Innocent Spouse Relief is available through the Internal Revenue Service (IRS) to taxpayers who can show they were unaware of, and could not have reasonably known about, errors on a joint return. According to IRS guidelines, you may qualify if:

• Your spouse did not report all sources of income or they claimed improper deductions.
• You did not know about the mistake when you signed the return.
• It would be unfair to hold you responsible for the debt.
• You filed your request within the IRS’s allowed timeframe.

Innocent Spouse Relief can help you avoid potential federal tax debts, but under Florida Department of Revenue guidelines, it does not apply to state-level obligations, such as sales or corporate tax debts.

Timelines and Procedures for Florida Taxpayers Claiming Innocent Spouse Relief

To get Innocent Spouse Relief, you typically must apply within two years of the IRS beginning collection activity. This includes wage garnishments, bank levies, or notices of intent to levy.

Florida residents should also be aware that filing for relief does not immediately stop collection efforts. You may need to request additional protections, such as a collection hold, while your claim gets reviewed. You can appeal to the U.S. Tax Court if denied, but strict deadlines apply.  Documentation needed to support a request for Innocent Spouse Relief includes:

• Copies of joint tax returns showing the disputed liability;
• Records proving you did not know about hidden income or any false deductions;
• Bank statements, pay stubs, or other evidence that demonstrates your financial situation;
• Written statements or affidavits that show why it would be unfair to hold you responsible.

The IRS will review all records carefully and encourages taxpayers to seek professional guidance when submitting detailed financial evidence. The stronger your documentation, the greater your chance of relief.

For Trusted Legal Guidance In Dealing With Tax Debts, Schedule A Consultation Today With Our Florida IRS/Tax Attorney

Facing IRS collection actions for a tax debt you didn’t create can feel overwhelming, but Innocent Spouse Relief may provide the protection you need. The process is strict, and timelines are short, so get professional legal help to protect your rights.

Ronald Cutler is a CPA and a former FBI agent investigating tax cases. For over 40 years, he has helped Florida taxpayers prepare and file Innocent Spouse Relief requests, gather supporting evidence, and challenge IRS decisions when necessary. For trusted legal guidance in dealing with tax debts, contact our office. Request a consultation with our experienced Florida IRS/tax attorney today.

Sources:

irs.gov/individuals/innocent-spouse-relief

floridarevenue.com/Pages/default.aspx