INNOCENT SPOUSE
Has the Internal Revenue Service proposed an additional tax assessment against you or have they already made an assessment of additional tax against you?
Is the basis of the additional tax assessment derived from income, interest, dividends, stock sales, etc. that were not yours (i.e. spouses or ex spouses)?
Did your spouse (or ex spouse) improperly report, omit, overstate, understate or fail to report items on your joint tax return(s) for any given year(s)?
TAXSHARK LLC can assist you in filing an Form 8857 (Innocent Spouse Claim) which may relieve you, in full or in part, of your responsibility to pay these additional tax assessments, interest and penalties.
To qualify for Innocent Spouse Relief you must meet ALL of the following conditions:
- You filed a joint tax return which has an understatement of tax due to erroneous items, defined below of your spouse (or former spouse).
- You establish that at the time you signed the joint tax return you did not know, and had no reason to know, that there was an understatement of tax. This correlates to the definitions of Actual Knowledge and/or Reason to Know as defined by the Internal Revenue Service.
- Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax. This correlates to the Internal Revenue Service definition of Indications of Unfairness for Innocent Spouse Relief.
- You and your spouse (or former spouse) has not transferred property to one another as part of a fraudulent scheme. A fraudulent scheme includes a scheme to defraud the IRS or another third party, such as a creditor, ex-spouse, or business partner.
INJURED SPOUSE
Has the Internal Revenue Service withheld your overpayment (refund) due to you from a joint income tax return filing due to a past due obligation of your spouse or ex spouse (spousal obligation for Federal tax, State tax, child support, spousal support, student loan, etc??
TAXSHARK LLC can assist you in the filing of Form 8379 (Injured Spouse Allocation) which may return to you, that part of your overpayment (refund) that was due to you when your joint tax return was filed.