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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.
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.
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.
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.
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Identify the state income tax refund from each payer on separate lines. Enter the total from each payer in column A and allocate the total from column A between each spouse or RDP in columns B and C. Identify the self-employment income from each entity on separate lines.

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