It’s possible to request innocent spouse relief from a Georgia state tax debt. However, you must meet the following requirements to qualify:
- The liability must have been caused by unreported or underreported income on a joint return
- You must not have known or had reason to know of the unreported income
- It would be inequitable to hold you responsible for the tax on unreported income
- You must have received innocent spouse relief from the IRS
Get IRS Innocent Spouse Relief First
Because a condition of getting Georgia innocent spouse relief is obtaining innocent spouse relief from the IRS, you should resolve your federal tax debt issues first. The IRS offers three types of innocent spouse relief for taxpayers who have filed joint returns.
In some cases, you have only two years from the date the IRS first tried to collect the tax from you to request innocent spouse relief. Even if you don’t have all the paperwork you need to support your claim, you need to make sure you meet this deadline, or your claim will be not be considered by the IRS.
It can take a while for the IRS to process your innocent spouse claim. The IRS is also required to notify your spouse or former spouse of the pending innocent spouse claim and allow him or her to participate in the process. If you are granted innocent spouse relief, your spouse or former spouse will be solely liable for the joint tax debt you’re requesting relief from.
Contact a Georgia Tax Attorney
Once the IRS has granted innocent spouse relief, you can consider pursuing relief from your Georgia state tax debt. A Georgia tax attorney can handle both of these cases and deal with the IRS and state tax authorities on your behalf.
Your tax attorney can also determine if you qualify for other tax resolution options. In some cases, your innocent spouse claim may only provide relief from a portion of your tax debt. You may need a payment plan, Offer in Compromise, or another tax resolution option to resolve your remaining tax debt.
Contact a Georgia tax attorney for help with innocent spouse claims for federal and state tax debt.
The Gartzman Law Firm can help you with innocent spouse relief and other Georgia state tax problems. Use our contact form to request a consultation with an Atlanta tax resolution attorney.