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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.
Can the IRS come after my wife for my 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.
What are the four types of innocent spouse relief?
Related Separation of Liability Relief. Equitable Relief. Injured Spouse Relief. Tax Relief for Spouses.
Can an injured spouse be denied?
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.
Will the IRS take my refund if my spouse owes?
Yes. The IRS can apply all or part of your joint refund to your spouses legally enforceable past-due debt.
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Getting innocent spouse relief isnt automatic. The IRS can deny your request, and the process can take as long as six months.
What requirements must be met when considering filing form 8379?
File Form 8379 when you become aware that all or part of your share of an overpayment was, or is expected to be, applied (offset) against your spouses legally enforceable past-due obligations. You must file Form 8379 for each year you meet this condition and want your portion of any offset refunded.
Related links
2016 3 Injured Spouse.pdf
Jul 26, 2016 How To File? The taxpayer can file Form 8379 with the joint tax return or amended joint tax return. They can file it
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
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