U.S. Taxpayers Who are Victims of Domestic Abuse Should Know Their Rights

Domestic abuse often includes control over finances. An important part of managing finances is understanding one’s tax rights. Taxpayers have the right to expect the IRS to consider facts and circumstances that might affect the individual’s taxes.

Taxpayers have the right to:

  • File a separate return even if they’re married.
  • Review the entire tax return before signing a joint return.
  • Review supporting documents for a joint return.
  • Refuse to sign a joint return.Request more time to file their tax return.
  • Get copies of prior year tax returns from the IRS.
  • Seek independent legal advice.

Taxpayers also have the right to request relief from the liability shown on a joint return. This is known as innocent spouse relief. Here are a couple of examples:

Example 1:

  • A taxpayer signs a joint return with their spouse.
  • The taxpayer thought their spouse paid all taxes due.
  • The IRS contacts the taxpayer because the taxes shown on the joint return were not paid.

Example 2:

  • The taxpayer signs a joint return with their spouse.
  • The taxpayer didn’t know about their spouse’s unreported income or erroneous deductions.
  • The IRS adjusted the taxes due because of their spouse’s improper items.

To apply for Innocent Spouse Relief, a taxpayer fills out Form 8857, Request for Innocent Spouse Relief.

This article appears courtesy of Tax Tip 2017-62, October 19, 2017 - from IRS.gov

If you have questions about Innocent Spouse Relief or your business or personal tax return, contact our team at 216.831.0733 or This email address is being protected from spambots. You need JavaScript enabled to view it.. We are happy to help and ready to start the conversation.