“Innocent Spouses” – IRS Introduces New Guidelines for Tax Relief | New Rules Innocent Spouse | Innocent Spouse Relief August 12, 2012Posted by Insight Law Firm in IRS, Tax.
Tags: 6015(f), Ex-Husband Tax Bills, Innocent Spouse Relief, Taxes after Divorce
There are multiple sections under which taxpayers may seek to eliminate tax liabilities attributable to their spouses or former spouses. However, for many taxpayers, seeking “equitable relief” under IRC § 6015(f) becomes their only option due to the stricter time limitations of other sections.
In determining whether to grant equitable relief under this section, the IRS considers each individual’s facts and circumstances and then determines whether it would be inequitable to hold the requesting taxpayer liable for the tax deficiency.
Taxpayers seeking relief pursuant to this section now are likely to see major benefits under proposed revisions to the Internal Revenue Service procedures used to grant and deny these requests.
New Threshold Requirements
A requesting taxpayer must meet some threshold requirements to receive relief under this section. Specifically, the taxpayer must demonstrate each of the following facts:
(1) The taxpayer filed a joint return for the tax year at issue;
(2) The taxpayer is ineligible to seek innocent spouse relief under § 6015(b) or 6015(c);
(3) The taxpayer has timely filed a claim for relief;
(4) The taxpayer has not transferred assets with his/her spouse pursuant to a fraudulent scheme;
(5) The taxpayer did not receive “disqualified assets” from his/her spouse;
(6) The taxpayer did not knowingly participate in filing a fraudulent return with the IRS; and
(7) The taxpayer seeks relief from liability that arose from a tax attributable to an understatement or underpayment of the spouse’s income.
New “Streamlined” Determinations after Initial Administrative Review
Under the newly released guidelines, Taxpayers seeking relief may be granted a streamlined determination in their favor if they meet the threshold requirements above and all of the following circumstances are met:
(1) The taxpayer is no longer married to the other spouse;
(2) The taxpayer would suffer economic hardship if relief was not granted; and
(3) The taxpayer either did not know or have reason to know that his/her former spouse made an understatement on their joint tax return or would not or could not pay any tax deficiencies, OR the taxpayer was unable to challenge his/her former spouse due to abuse or financial control of the former spouse.
Clarification of Equitable Factors
For taxpayers who do not meet the requirements to be granted a streamlined decision in their favor, the IRS will evaluate requests based on a number of equitable factors. Several factors will continue to be considered, including: marital status of the taxpayer, economic hardship faced by the taxpayer if relief isn’t granted, the taxpayer’s knowledge of an underpayment or understatement, any legal obligations of the taxpayer or other spouse to repay the deficiency, any significant benefits the taxpayer received from the deficiency, and the taxpayer’s compliance with income tax laws. Specific considerations revised or clarified by the new revenue procedures include:
- WEIGHING OF FACTORS: Any number of additional factors may be considered, and no single factor a combination of factors alone may control the determination. The IRS may grant relief even when several factors weigh against relief, or, conversely deny relief even when several factors weigh in favor of relief.
- KNOWLEDGE & ABUSE: Knowledge of an understatement or underpayment will not weigh more heavily than any other factor. Additionally, in cases involving abuse or financial control, this factor may weigh in favor of relief despite a taxpayer’s knowledge of an understatement or underpayment.
- USE OF FACTORS: The “marital status” and “economic hardship” factors can only help eligible taxpayers and not harm other taxpayers. The factors will weigh in favor of relief for divorced/separated taxpayers and taxpayers facing economic hardship but will remain neutral for other taxpayers. Other factors, including “compliance with income tax laws” may continue to be used to help or hurt a taxpayer’s case.
The new guidelines above are among the many proposed revisions introduced by the IRS this year and will be in place until the IRS publishes final new regulations on the subject.
Taxpayers interested in pursuing a request for innocent spouse relief under § 6015(f) should discuss the effect of these changes on their arguments with a local tax attorney.
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Author: Amanda R. Stach