Call Now (800) 681-1295

When Should I Consider Filing for Innocent Spouse Relief?

Table of Contents

    Finding out that your partner has been cheating on your jointly-filed taxes can come as a great surprise. After finding out about the erroneous items on your joint return, your first instinct may be to immediately file an Innocent Spouse Relief form and submit it to the IRS. Though, filing such a form may be premature. There are several timing requirements that need to be complied with depending on the type of Innocent Spouse Relief you are seeking.

    When to file the innocent spouse relief form depends on the type of relief that you are seeking. If you are claiming that you did not know or have reason to suspect that there was an underpayment on your joint return or if you did not have actual knowledge of underpayment of tax and would like to have the erroneous return items allocated to the spouses who they belonged, you must file Form 8857 within 2 years from the first collection activity. Collection activity is not considered to be a Notice of Deficiency (90 Day Letter) nor is it a demand to pay the tax or a federal tax lien.

    If you do not fit into the two types of relief above and are requesting relief because holding you responsible for the actions of your spouse would be inequitable, there is currently no requirement for when you must file Form 8857 (See IRS Notice 2011-70).

    Tax Help Videos

    Representing Clients from U.S. and International Locations Regarding Federal and California Tax Issues

    Main Office

    Orange County
    2601 Main St. Penthouse Suite
    Irvine, CA 92614
    (949) 681-3502

    Our headquarters is located in Irvine, CA. Our beautiful 19,700 office space is staffed full-time and always available for our clients to meet with our highly qualified and experienced staff of Attorneys, Certified Public Accountants and Enrolled Agents. We also offer virtual consultations and can travel to meet with clients in one of our satellite offices.

    Outside of our 4 hour initial consultation option, we do not charge travel time or travel expenses when traveling to one of our Satellite offices, or surrounding business districts, where it is necessary to meet personally with taxing authority personnel, make court appearances, or any in person meeting deemed necessary for the effective representation of a client. To make this as flexible, efficient, and convenient as possible, David W. Klasing is an Instrument Rated Private Pilot and Utilizes the Firms Cirrus SR22 to service client’s in California and in the Southwest by air. Offices outside these areas are serviced via commercial jet airlines. None of these costs are charged to our clients.

    Satellite Offices

    (310) 492-5583
    (760) 338-7035
    (916) 290-6625
    (415) 287-6568
    (909) 991-7557
    (619) 780-2538
    (661) 432-1480
    (818) 935-6098
    (805) 200-4053
    (510) 764-1020
    (408) 643-0573
    (760) 338-7035
    (602) 975-0296
    New Mexico
    (505) 206-5308
    New York
    (332) 224-8515
    (512) 828-6646
    Washington, DC
    (202) 918-9329
    (702) 997-6465
    (786) 999-8406
    (385) 501-5934