You could get out of the tax debt due to the fraud committed by your spouse. Innocent Spouse Relief was designed to help, where one spouse was clearly the victim of fraud perpetrated by their spouse or ex-spouse.
According to tax law when you file a joint income tax return, both you and your spouse jointly responsible for the entire tax liability, this is known as joint and several liabilities. Several joint liabilities apply to the tax liability you show on the return but also to any additional tax liability, such as interest and penalties, that the IRS determines to be due. The IRS still can collect from you, even if you later divorce and the divorce decree states that your former spouse will be solely responsible for the tax.
A spouse can get relief from several joint liabilities.
There are 3 types of relief are available to married persons who filed joint returns:
1. Innocent spouse relief: Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understated tax.
2. Separation of liability relief: The understated tax (plus interest and penalties) on your joint return is allocated between you and your spouse (or former spouse). The understated tax allocated to you is generally the amount for which you are responsible.
3. Equitable relief: You can establish that, taking into account all of your facts and circumstances, that it would be unfair to hold you liable for the understated or underpaid tax.
We rescue troubled taxpayers.
If you qualify for Innocent Spouse Relief, you may not owe any tax.