Written by Scott Allen

Tax Debt Advisors, Inc.—How do I qualify for “Separation of Liability” relief?

First you must have filed a joint return and must meet one of the following conditions at the time your seek relief:
  • You must be divorced or legally separated from the spouse you filed a joint return.
  • You are widowed.
  • You have not been a member of the same household as the spouse with who you filed a joint return for at least 12 months prior to filing IRS Form 8857, Request for Innocent Spouse Relief.
If you knew when you signed the return of the item(s) that caused the understatement of tax, you do not qualify for separation of liability relief.  This relief provides the allocation of the additional tax owed between you and your former spouse or your current spouse (if you are separated) because an item was not reported properly on a joint return.  The tax that is allocated to you is what you will be responsible to pay.  Scott Allen E.A. of Tax Debt Advisors, Inc. offers a free consultation regarding Separation of Liability relief.  Call 480-926-9300 for an appointment.