## Innocent spouse relief in South Dakota Joint tax returns make BOTH spouses jointly + severally liable for any tax owed. South Dakota taxpayers can escape this liability through three forms of relief when the other spouse caused the tax problem. ## The three forms of relief **Three flavors under IRC § 6015:** **1. Innocent Spouse Relief — § 6015(b)** **2. Separation of Liability — § 6015(c)** **3. Equitable Relief — § 6015(f)** **Plus state innocent-spouse relief** (separate from federal). ## Joint + several liability — the problem **When you file MFJ (married filing jointly):** - Both spouses sign return - Both spouses 100% liable for any tax - IRS can collect from EITHER - Liability survives divorce - Liability survives spouse's death - Doesn't matter who earned income - Doesn't matter who knew about it **Common nightmares:** - Husband hid income → wife liable - Wife embezzled → husband liable - Spouse fraud / falsified deductions → both liable - Even if you didn't know - Even if you'd never agree - Even if divorced ## Innocent Spouse Relief — § 6015(b) **Eligibility (all required):** 1. **Joint return filed** 2. **Understatement of tax** due to erroneous items of OTHER spouse 3. **Did not know + had no reason to know** of understatement when signed 4. **Inequitable to hold liable** **Erroneous items include:** - Unreported income - Improper deductions / credits - Improper basis claims - Falsified items **"Reason to know" test:** - Reasonable person standard - Education + experience - Lifestyle vs income - Suspicious circumstances - Failure to inquire **Inequitable test:** - Benefit received - Knowledge / participation - Hardship - Domestic abuse / fraud / coercion - All facts considered **Time limit:** - Generally 2 years from IRS collection action - Was 2 years rule eliminated for equitable relief — but innocent spouse still 2 years ## Separation of Liability — § 6015(c) **Eligibility:** 1. **Joint return filed** 2. **No longer married, OR legally separated, OR not living together for 12+ months** 3. **Did not actually know** of erroneous item (knowledge / reason to know is different) 4. **Election within 2 years** of collection action **Effect:** - Allocates liability between spouses - Each pays their portion only - Calculated as if filed separately - Doesn't fully eliminate liability - Just splits it **Better than innocent spouse for:** - Larger erroneous items - When fault hard to prove - When you knew SOMETHING but not full extent ## Equitable Relief — § 6015(f) **The catch-all — flexibility:** - For situations not covered by (b) or (c) - Underpayments (not just understatements) qualify - More flexible standards - Discretionary relief **Common scenarios:** - Joint return correctly reported tax, but unpaid - Liability arising from divorce decree - Domestic abuse situations - Health crises - Spouse's mental illness - Spouse's substance abuse - Significant disparity between knowledge **Factors considered (Rev. Proc. 2013-34):** **Threshold (must satisfy):** - Joint return - Not entitled to (b) or (c) - No-disclaimable transfers - Tax attributable to other spouse - No fraud by requestor - Reasonable belief tax would be paid **Streamlined relief if:** - Currently divorced / separated / not living together - Will suffer economic hardship if denied - Did not know / reason to know about issues **Otherwise — facts + circumstances test:** - Marital status - Economic hardship - Knowledge - Legal obligations - Significant benefit - Compliance with tax laws since - Mental / physical health - Spousal abuse **Time limit:** - 10-year collection statute of limitations - More flexible than (b) or (c) - Better for older issues ## Domestic abuse — special considerations **Abuse changes analysis:** - Coercion / fear can establish reasonable cause - Inability to refuse signing - Limited knowledge due to controlling spouse - Strong factor for granting relief - IRS sensitivity to abuse **Documentation helpful:** - Police reports - Medical records - Witness statements - Domestic violence advocacy - Pattern of abuse ## Process **Form 8857 — Request for Innocent Spouse Relief:** **1. Complete Form 8857:** - Detailed factual statement - Specific years requested - Specific items at issue - Explanation of basis - Documentation **2. Submit to IRS:** - File at proper service center - Or attach to response to collection - Or file in Tax Court (if eligible) **3. IRS notification of other spouse:** - Other spouse gets notice - Right to participate - Right to provide information - May appear in proceedings **4. Investigation:** - IRS examines facts - Both spouses respond - Documentation reviewed - Sometimes interviews **5. Determination:** - IRS issues decision - Approval, denial, or partial - Letter explaining - 6-12+ months typical **6. Appeal options:** - IRS Appeals (administrative) - Tax Court petition (judicial) - 90 days from determination ## Other spouse's role **"Non-requesting spouse" rights:** - Notification of request - Right to provide info / objections - Right to appeal granted relief - Right to attend court proceedings - Cannot stop relief just by objecting ## Tax Court litigation **Innocent spouse cases in Tax Court:** - Specific procedure (T.C. Rule 320s) - Both spouses parties - De novo or scope-of-record review - Detailed factual development - Expert witnesses sometimes - Settlement encouraged ## Documentation needed **Strong cases include:** - Divorce decree showing other spouse responsible - Bank statements showing income flowing to other spouse - Lifestyle evidence (modest vs lavish) - Employment records - Medical / psychiatric records - Police reports / restraining orders - Witness statements - Communications (texts, emails) - Financial records other spouse hid ## Common scenarios **Hidden income / underreporting:** - Spouse omitted business income - Spouse hid investment income - Spouse falsified W-2 - Innocent spouse can succeed if no reason to know **Improper deductions:** - Fake business deductions - Inflated charitable contributions - Personal expenses claimed as business - Dependent claims fraud - Often successful claims **Joint refund seizure:** - Other spouse's debt (student loans, child support) - Refund offset - Injured spouse claim (different procedure, Form 8379) - Faster resolution **Tax debt from divorce:** - Other spouse agreed to pay - Decree provides indemnification - IRS not bound by decree - But strong factor for relief ## State innocent spouse relief **${s.name} likely has parallel relief:** - Different procedures - Different deadlines - Sometimes more / less generous - Must apply separately from federal ## Common mistakes - **Missing 2-year deadline** for innocent spouse / separation of liability - **Not requesting at first opportunity** - **Inadequate documentation** - **Not addressing knowledge factors** - **Failing to explain economic hardship** - **Inconsistent statements** about knowledge - **Continuing joint relationship** after issue discovered - **Failing to file own subsequent returns** properly ## Practical tips **During marriage:** - Review tax returns before signing - Ask questions about income / deductions - File married-filing-separately if concerned - Document joint financial activities **After tax issue discovered:** - Document everything - Don't sign anything more without review - Consider separating finances - Consult tax attorney - File Form 8857 promptly ## What you should do If you face tax debt in South Dakota caused by your spouse: file Form 8857 promptly (2-year deadline for some forms). Consult an experienced tax attorney or CPA — these cases benefit from professional preparation. Many South Dakota tax attorneys + CPAs handle innocent spouse cases. Document everything about your knowledge + financial role. Don't pay disputed tax assuming relief will be granted. --- *This guide is general information about federal + South Dakota tax law as of mid-2026 and is not legal or tax advice. Innocent spouse cases are fact-specific. Talk to a licensed tax attorney or CPA about your specific situation.*