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You may request innocent spouse relief if: You filed a joint return with your spouse. Your taxes were understated due to errors on your return. You didnt know about the errors.Errors that cause understated taxes include: Unreported income. Incorrect deductions or credits. Incorrect values given for assets.
Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.
Common Questions About Innocent Spouse Relief Once youve filed Form 8857 and formally requested relief, the IRS may take up to six months to make a decision on your case. During that time, the IRS will be reviewing your tax information and contacting the spouse or former spouse with whom you filed a joint tax return.
If your spouse owes the state of Missouri back taxes, student loan repayment, back child support, etc., you may qualify as a non-obligated spouse. If you do not want your portion of the refund to be used to pay the past due obligation, check the non-obligated spouse box on the Missouri return.
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.
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People also ask

If you are requesting relief for more than one tax year, you only need to file one Form IT-285. There are three types of relief: innocent spouse relief, separation of liability, and equitable relief.
Youre an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return.
Department of Taxation and Finance. Request for Innocent Spouse Relief. (and Separation of Liability and Equitable Relief) IT-285.
Purpose of Form A taxpayer may use Form 285 to authorize the department to release confidential information to the taxpayers Appointee. The department may have to disclose confidential information to fully discuss tax issues with, or respond to tax questions by, the Appointee.
Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didnt know about the errors. Innocent spouse relief is only for taxes due on your spouses income from employment or self-employment.

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