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You may be eligible for injured spouse relief if: You filed a joint return with your spouse. Your tax refund was applied to your spouses overdue debts. You werent responsible for the debt.
Yes. The IRS can apply all or part of your joint refund to your spouses legally enforceable past-due debt.
This makes you both legally responsible for each others tax liability. If youre lying awake at night wondering, can the IRS come after me for my spouses taxes? the answer is yes. This is true even if you didnt do anything wrong. In this case, the IRS will use your refund to offset your spouses liability.
The injured spouse on a jointly filed tax return files Form 8379 to get back their share of the joint refund when the joint overpayment is applied to a past-due obligation of the other spouse.
There are nine community property states where married couples need Form 8958 if they file separate returns. Domestic partnerships in community property states like California, Nevada, Washington, and Wisconsin typically need to use Form 8958 to allocate their income.
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People also ask

Related Separation of Liability Relief. Equitable Relief. Injured Spouse Relief. Tax Relief for Spouses.
Can the IRS Deny an Injured Spouse Claim? Yes, the IRS may determine that someone filing Form 8379 is ineligible for an injured spouse allocation, or that they are not entitled to as much as they believe.

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