Dealing with IRS issues can be tough. Especially when it involves tax problems caused by a spouse. That’s where an “Innocent Spouse Relief” request comes in. It’s a way to ask the IRS to forgive you for tax errors made by your spouse. A key part of this request is a detailed written explanation. This letter tells the IRS why you believe you shouldn’t be held responsible.
Writing this letter can feel daunting. Don’t worry, you’re not alone. We understand it can be overwhelming to figure out what to say. That’s why we’ve put together some helpful resources.
In this article, we’ll share examples of written explanations. These samples will make it easier for you. You can use them as templates when writing to the IRS. Let’s get started and simplify this process together.
Explanation Sample Letter To IRS Innocent Spouse Relief
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Your Phone Number]
[Your Email Address]
[Date]
Internal Revenue Service
Innocent Spouse Relief
[IRS Address]
[IRS City, State, Zip Code]
Regarding: Request for Innocent Spouse Relief under Section 6015
Tax Year: [Tax Year]
Social Security Number: [Your SSN]
Spouse’s Social Security Number: [Spouse’s SSN]
To Whom It May Concern:
I am writing to request relief from tax liability under the innocent spouse provisions of Section 6015 of the Internal Revenue Code for the tax year [Tax Year]. I believe I qualify for relief because I did not know, and had no reason to know, that the tax return filed jointly with my spouse, [Spouse’s Name], contained an understatement of tax attributable to [Spouse’s Name]’s actions.
Specifically, the understatement of tax arose from [Explain clearly and concisely the reason for the understatement. For example: “unreported income earned by my spouse,” or “improper deductions claimed by my spouse”]. I was unaware of [Spouse’s Name]’s [Specific action or omission that led to the understatement. For example: “unreported income from his business,” or “inflated business expenses”].
I did not participate in [Spouse’s Name]’s handling of these financial matters. [Explain your involvement or lack thereof in the financial activity. For example: “I was not involved in the day-to-day operations of my spouse’s business and had no access to the business records,” or “I relied on my spouse to handle our taxes and believed he was doing so correctly.”].
Furthermore, I believe it would be unfair to hold me liable for the deficiency because [Explain why it would be unfair to hold you liable. Consider your current circumstances and any hardship that would result. For example: “I am now divorced from [Spouse’s Name] and am the sole provider for my [number] children,” or “I am currently facing significant financial hardship due to [reason] and am unable to pay the tax liability.”].
I am willing to cooperate fully with the IRS in providing any additional information or documentation needed to support my request. I have attached copies of [List attached documents, such as tax returns, divorce decrees, or any other relevant documentation].
Thank you for your time and consideration in this matter. I look forward to your response.
Sincerely,
[Your Signature]
[Your Typed Name]
How to Write an Explanation Sample Letter To IRS Innocent Spouse Relief
Subject Line: Capture Attention Immediately
- Be succinct and laser-focused. For example: “Innocent Spouse Relief Claim – Form 8857 – [Your Name] – [Tax Year]”.
- Avoid ambiguity. The IRS processes countless documents; clarity is paramount.
Salutation: Initiate with Professionalism
- Address the IRS appropriately: “To the Innocent Spouse Relief Department”.
- Avoid using names unless you have a specific contact. A generalized greeting is preferable.
Introduction: Set the Stage
- State your purpose unequivocally. “I am writing to request Innocent Spouse Relief under Internal Revenue Code Section 6015.”
- Provide pertinent details upfront: your name, Social Security number, the tax year in question, and Form 8857 filing date.
- Briefly allude to the hardship you’ve endured due to your spouse’s actions.
Body Paragraph 1: Delineate the Tax Liability
- Explicitly identify the erroneous items that resulted in the tax deficiency or understatement.
- Describe the nature of the error. Was it unreported income, inflated deductions, or something else?
- Quantify the impact. Specify the exact amount of the tax liability attributable to your spouse.
Body Paragraph 2: Establish Lack of Knowledge
- This is the crux of your argument. Articulate why you had no reason to know about the erroneous items.
- Provide granular details. Were there attempts to conceal information? Were you excluded from financial discussions?
- Corroborate your claims with tangible evidence, such as affidavits from third parties or documented communication.
Body Paragraph 3: Demonstrate Inequitability
- Argue that it would be inequitable to hold you liable for the tax obligation.
- Consider your current financial circumstances. Would paying the tax liability create undue hardship?
- Address any potential benefits you may have received from the erroneous items. Mitigate concerns proactively.
Closing: Conclude with Conviction
- Reiterate your request for Innocent Spouse Relief.
- Express your willingness to cooperate fully with the IRS.
- Provide your contact information: phone number, email address, and mailing address.
- End with a formal closing: “Sincerely,” followed by your signature and printed name.
Frequently Asked Questions: Innocent Spouse Relief Explanation Letter
Navigating the Innocent Spouse Relief process with the IRS can be complex. This FAQ section provides answers to common questions regarding the written explanation required as part of your application.
What is the purpose of the written explanation in my Innocent Spouse Relief request?
The written explanation provides you with an opportunity to detail the circumstances that led to the tax liability and explain why you should be relieved of responsibility for it.
What information should I include in my written explanation?
Include details about your relationship with your spouse (or former spouse), your knowledge of the incorrect tax items, and any factors that support your claim that it would be unfair to hold you liable.
How long should my written explanation be?
The length of your explanation will vary depending on the complexity of your situation. Aim for a clear, concise, and thorough account of the relevant facts; it is better to be thorough than to omit important information due to brevity.
Should I include any supporting documentation with my written explanation?
Yes, include any documents that support the facts and claims you make in your written explanation, such as bank statements, divorce decrees, or other relevant financial records.
What happens after I submit my written explanation to the IRS?
The IRS will review your written explanation and supporting documentation, and may contact you for additional information. They will then make a determination regarding your eligibility for Innocent Spouse Relief.
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