So, I want to talk about why equitable relief is my favorite type of innocent spouse relief. Equitable relief is available when the other two types of innocent spouse relief are not available. That's one of its requirements. So, if traditional innocent spouse relief or separation of liability relief is available, then equitable relief is out. On the other hand, the other two types of innocent spouse relief are only available for two years after collection has started, whereas equitable relief is available for ten years. It's available from the day of assessment for ten years. And you wouldn't care if it was available after that anyway because there's a ten-year statute of limitations on tax debt. Equitable relief is basically available as long as the tax liability actually exists. And the best part about it, the best part about it, is that it's a facts and circumstances test. So, if you think it was unfair for you to be held liable for your spouse's tax liability, there are certain factors that will be considered. That doesn't rule out introducing other factors that you think the IRS should consider. And if the IRS doesn't really go for your reasoning, you can always appeal at the Tax Court. The Tax Court takes a look at the cases if it's a brand new case. So, those are some of the things that I like about equitable relief. If it's not fair for you to be on the hook for your spouse's taxes and the IRS is trying to collect those taxes from you, there may be relief available. And I recommend that you speak to a professional. You can find me on Tom Tax Lawyer dot com. You can call me at 860-484-3529. That's 860 for the law. And I'll be happy to...
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Equitable relief irs Form: What You Should Know
IRS Form 8857 (Rev. May 2002) — IRS Request for Innocent Spouse Relief. (And Separation of Liability and Equitable Relief). 8857. Form. See instructions. Department of the Treasury. Instructions for Form 8857 (Rev. June 2021) — IRS The amount of time to request equitable relief depends on whether you are seeking relief from a balance due, seeking a credit or refund, or both. • Balance Due— IRS Equitable Relief: Requirements for Qualification — Surface Equitable relief is when the IRS decides that it's unfair to hold you responsible for your spouse's or former spouse's tax debt on your joint return. This form of Equitable relief is when the IRS decides that it is unfair or unreasonable to demand that an individual pay back taxes on joint income. It also requires that an individual be treated as jointly and severally liable at tax, except when the taxpayer is not in arrears. If you are seeking relief from a balance due because both of you failed to report tax on your joint return, you must have the IRS issue Form 8971 to you, which is similar to what is required by IT-285. Form 8971 will not waive or change any tax due on the joint return but tells the IRS that you're suing the IRS and that you have a valid claim for relief. You cannot do so without a joint return. There is a small fee if you are filing an annual return. You may also submit Form 8971 using a personal representative. See Personal Representative, Tax Benefits and Procedures—Form 8971. The Internal Revenue Service may also waive its obligation to repay arbitrages owed on joint income. The IRS uses a separate procedure to deal with this claim. If you are seeking relief on an amount owing on your return, you must have the IRS issue Form 1099-Q or Form 1099-MISC to you. You will then be responsible for claiming the tax as income. IRS Form 1099-Q provides information regarding the tax which you are not able or are not sure about paying. Form 1099-MISC provides a copy of the required tax forms with all due credit and interest or refunds, the amount of the tax claimed, and a description of how the government believes the tax is due.
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