What is the innocent spouse rule?

In almost all cases, you are responsible for any taxes due on any joint tax return you have filed — whether you’re married to your spouse or even if you have divorced since the tax return was filed. However, there is one limited exception to avoid personal liability for a joint return, and that is the innocent spouse rule.

You can qualify under the innocent spouse rule if 1) the tax shown on the tax return was understated due to omission of income by your spouse, or false deductions or credits were claimed by yours spouse; 2) you did not know, or had no reason to know, that when you signed the tax return, the tax on the return was understated; 3)taking all the factors into consideration, it would be unfair to hold you liable for your spouse’s omissions; 4) and you file for the innocent spouse exception with the IRS.