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Taxpayers Who are Victims of Domestic Abuse Should Know Their Rights

Posted by Zinner & Co. Tax Department on Oct 19, 2017 11:26:44 AM

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Taxpayers have the right to:

  • File a separate return even if they’re married.
  • Review the entire tax return before signing a joint return.
  • Review supporting documents for a joint return.
  • Refuse to sign a joint return.
  • Request more time to file their tax return.
  • Get copies of prior year tax returns from the IRS.
  • Seek independent legal advice.

Taxpayers also have the right to request relief from the liability shown on a joint return. This is known as innocent spouse relief. Here are a couple of examples:

Example 1:

  • A taxpayer signs a joint return with their spouse.
  • The taxpayer thought their spouse paid all taxes due.
  • The IRS contacts the taxpayer because the taxes shown on the joint return were not paid.

Example 2:

  • The taxpayer signs a joint return with their spouse.
  • The taxpayer didn’t know about their spouse’s unreported income or erroneous deductions.
  • The IRS adjusted the taxes due because of their spouse’s improper items.

To apply for Innocent Spouse Relief, a taxpayer fills out Form 8857, Request for Innocent Spouse Relief.

This article appears courtesy of Tax Tip 2017-62, October 19, 2017 - from IRS.gov

If you have questions about Innocent Spouse Relief or your business or personal tax return, contact our team at 216.831.0733 or info@zinnerco.com. We are happy to help and ready to start the conversation. 

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Topics: Taxes - Planning, Rules and Returns, Taxes - Individual, IRS


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