The irs can deny your request and the process can take as long as six months. The irs sends you a notice regarding tax liability.
You must request innocent spouse relief or separation of liability relief no later than 2 years after the date the irs first attempted to collect the tax from you.
How long does it take to get innocent spouse relief. If you re filing for innocent spouse relief you have two years after the irs first attempted to collect the tax from you to file your claim. By law the irs must contact your spouse or former spouse. Although it s best to submit innocent spouse relief form around two years after the irs first collects your tax form 1998 please see the exceptions for filing equitable relief below.
By requesting innocent spouse relief you can be relieved of responsibility for paying tax interest and penalties if your spouse or former spouse improperly reported items or omitted items on your tax return. For equitable relief you must request relief during the period of time the irs can collect the tax from you. Also do not delay your request if the sole reason is your lack of proper legal documents.
Roughly 95 of coronavirus relief payments are expected to go out in the next four to six weeks taylor says. Getting innocent spouse relief isn t automatic. Yes if you object to relief being granted to your spouse or former spouse you have 30 days from the date of the preliminary determination letter to present any additional information to support your objection.
When a form 8857 request for innocent spouse relief is filed with the irs it may take up to 6 months before a determination is made. The irs will evaluate the information you provide on your innocent spouse claim along with any supporting documentation to determine if you qualify. Claims for injured spouse vs innocent spouse.
By law the irs must contact your spouse or former spouse. If you re seeking innocent spouse relief you need to first file form 8857 separately from your tax return. When a form 8857 request for innocent spouse relief is filed with the irs it may take up to 6 months before a determination is made.
I would hope folks with injured spouse claims would be getting their money in the next. However taxpayers filing for equitable relief source a similar form of tax relief also available to spouses can apply as long as the statute of limitations hasn t expired on the tax return in question source. This is straight from the irs.
During the processing time the service is requesting your tax information and contacting the non requesting spouse. Do you object to relief being granted to your spouse or former spouse. During the processing time the service is requesting your tax information and contacting the non requesting spouse.
Irs publication 971 has all the details but here are some important. Generally the tax interest and penalties that qualify for relief can only be collected from your spouse or former spouse.