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What is the difference between injured spouse and innocent spouse?

Answer: From the viewpoint of the IRS, an injured spouse and an innocent spouse are quite different. You may qualify as an injured spouse if your joint income tax refund was held back and applied toward your spouse's past due liability for certain debts, including defaulted student loans, taxes, or child support.

What is the IRS innocent spouse rule?

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.

What qualifies for innocent spouse?

As explained by the IRS, a person applying for innocent spouse relief must meet three requirements: (1) that the applicant filed a joint return that has an understatement of tax as a result of erroneous items attributable only to their current or former spouse; (2) that the applicant did not know and had no reason to ...

How many years can you claim injured spouse?

Is there a limit to the number of years you can file an Injured Spouse form (8379) - due to an outstanding student loan? There is no limit to the number of year. The instructions for the form specifically state "You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded."

What does injured spouse allow?

What is an 'Injured Spouse' Claim? An injured spouse claim can help you get back your part of a tax refund from a joint tax return. It applies where the IRS has intercepted the refund to offset a debt owed by your spouse but not by you.

new york spouse relief

it-285 instructions it-280 innocent spouse form nys innocent spouse relief what are the four types of innocent spouse relief form 8857 which is an available relief from joint liability under an innocent spouse claim nys injured spouse form

What's the difference between innocent spouse and injured spouse?

Answer: From the viewpoint of the IRS, an injured spouse and an innocent spouse are quite different. You may qualify as an injured spouse if your joint income tax refund was held back and applied toward your spouse's past due liability for certain debts, including defaulted student loans, taxes, or child support.

What does injured spouse relief allow?

What is an 'Injured Spouse' Claim? An injured spouse claim can help you get back your part of a tax refund from a joint tax return. It applies where the IRS has intercepted the refund to offset a debt owed by your spouse but not by you.

What qualifies for innocent spouse relief?

Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.

How do they calculate injured spouse refund?

The injured spouse's share of the overpayment is computed by subtracting that spouse's share of the joint liability, determined in accordance with the separate tax formula, from that spouse's contribution of credits toward the joint liability. The amount credited cannot exceed the amount of the joint overpayment.

What is the definition of injured spouse?

The "injured spouse" on Form 8379 refers to a spouse who has been affected by the application of a joint tax refund to offset their spouse's debts. Because they have been financially harmed ("injured") by this use of the refund, that spouse is able to reclaim their share of the refund from the IRS.

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