Claiming Innocent Spouse Relief to Stop a Bank Levy

Sometimes a bank levy can be used to get funds from a spouse that was not aware of the underpayment of tax. Married couples file their taxes jointly and are responsible for jointly and individually paying what they owe to the IRS. As such, it is often the case that a spouse who did not know about a tax issue will end up subject to a bank levy. If this is the case with you, then you may be able to get some relief.

In the cases where a spouse was unaware of what their partner did at the time of signing the returns, there may be some hope of getting innocent spouse relief. This is something that the IRS has established to help those who are really innocent and have no knowledge of what their spouses are doing with their taxes. It's not fair to make innocent people financially responsible for these actions, and the IRS offers this option as a means of being fair to these people. If you feel that you were lied to about your returns or just left in the dark, then you may want to apply for this relief.

Requirements for Relief

If you want to get innocent spouse relief so that you are not subject to a bank levy, then you're going to need to qualify for it. One thing that can qualify you for this coverage is if the understatement of tax was due to your spouse and something that he or she did and not you. If you were responsible for filing the returns, then there is no way that you can qualify for this type of relief so you may want to get a good paying job.

Getting innocent spouse relief is not as simple as just not being the one who made the mistake on the tax returns. In addition to this, you need to be able to prove that you had no knowledge of the fact that there was an error on your tax forms. If you knew about this error and you signed the forms anyway, then you will not be eligible to get this type of relief. It can sometimes be difficult to prove this if you are still married to and living with your spouse, but it is easier if you were split up from your spouse and not around much when the returns were filed.

Another thing is that you need to have filed for innocent spouse relief within a certain time frame in order for it to even be an option. You have two years from the date that the IRS first tried to collect these debts from you or your account. If you don't take action and apply for innocent spouse relief within this specified time, then you can be held responsible for the debt and the IRS is going to be able to levy your bank account and take your funds from you.

Hiring a Lawyer

Claiming innocent spouse relief to stop a bank levy can sometimes be tricky. As such, it's a good idea for some people to hire the services of a lawyer to walk them through such issues. You will have to prove that you were innocent and had no knowledge of what happened, and this can be really tough. A legal professional will be able to guide you through the process and help you find ways to prove your innocence. Although this will cost you money, it's better than having to face a bank levy that could ruin your credit.