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Should you file this form You must complete this part. Answer the following questions for that year. Enter the tax year for which you are filing this form* Did you or will you file a joint return Yes. Go to line 3. No* Stop here. Do not file this form* You are not an injured spouse. Did or will the IRS use the joint overpayment to pay any of the following legally enforceable past-due debt s owed only by your spouse see instructions Federal tax State income tax Child support Spousal support ...

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What is the IRS form to protect your spouse?

Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.

What happens if one spouse owes taxes but the other spouse doesn t?

If you file separately (individually), then you would not be liable because you both assume individual liability. However, just because you are not liable, it doesnt mean your tax refund wont be intercepted. Even if you werent married when your spouse incurred the debt, the IRS may intercept your refund now.

Which taxpayer may benefit from using Form 8857 Request for Innocent spouse Relief?

Who Can File Form 8857: Request for Innocent Spouse Relief? The taxpayer seeking relief should file Form 8857: Request for Innocent Spouse Relief as soon as they become aware of a tax obligation for which the other spouse or ex-spouse should be solely responsible.

What is innocent spouse relief for deceased spouse?

On the death of one spouse and the tax returns were filed jointly and there are unpaid taxes, the surviving spouse in most cases is held liable to pay them. The death of the spouse will not change or relieve the surviving spouse from being held personally liable for those unpaid taxes.

Who qualifies for innocent spouse relief?

You May Be Eligible 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.

How long does it take to process the injured spouse form?

It can take us up to 8 weeks to process Form 8379 by itself and longer if you file it with your tax return. We calculate the amount of refund you can claim.

What are the factors for equitable relief for innocent spouse?

Factors for granting of equitable relief Marital status. Is the requesting spouse no longer married to the non-requesting spouse? Hardship. Knowledge. Reason to know. Abuse by the non-requesting spouse. Legal Obligation. docHub Benefit. Compliance with income tax laws.

What is the 8379 form used for?

More In Forms and Instructions 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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Got questions?

What is the IRS form to protect your spouse?

What happens if one spouse owes taxes but the other spouse doesn t?

Which taxpayer may benefit from using Form 8857 Request for Innocent spouse Relief?

What is innocent spouse relief for deceased spouse?

Who qualifies for innocent spouse relief?

People also ask

How long does it take to process the injured spouse form?

What are the factors for equitable relief for innocent spouse?

What is the 8379 form used for?

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Get the up-to-date 2009 spouse form-2024 now

Here's how it works

How to modify 2009 spouse form in PDF format online

Complete this form in 5 minutes or less

Got questions?

What is the IRS form to protect your spouse?

What happens if one spouse owes taxes but the other spouse doesn t?

Which taxpayer may benefit from using Form 8857 Request for Innocent spouse Relief?

What is innocent spouse relief for deceased spouse?

Who qualifies for innocent spouse relief?

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People also ask

How long does it take to process the injured spouse form?

What are the factors for equitable relief for innocent spouse?

What is the 8379 form used for?

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