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Who qualifies for innocent spouse relief?

You must meet all of the following conditions to qualify for innocent spouse relief: You filed a joint return that has an understatement of tax that's solely attributable to your spouse's erroneous item. An erroneous item includes income received by your spouse but omitted from the joint return.

What is the innocent spouse rule for taxes?

The innocent spouse rule is a provision of U.S. tax law, revised most recently in 1998, which allows a spouse to seek relief from penalties resulting from underpayment of tax by a spouse. The rule was created partly due to spouses not telling their partners the entire truth about their financial situation.

What qualifies for innocent spouse?

As explained by the IRS, a person applying for innocent spouse relief must meet three requirements: (1) that the applicant filed a joint return that has an understatement of tax as a result of erroneous items attributable only to their current or former spouse; (2) that the applicant did not know and had no reason to ...

What is the innocent spouse rule?

The Internal Revenue Service (IRS) usually holds that both signers of a joint tax return are individually liable for the entire tax due, plus penalties and interest. Under the innocent spouse rule, a spouse may claim not to be jointly liable if he or she did not know about errors or erroneous items on a joint return.

Is a wife responsible for husband's tax debt?

Amounts Accrued During Marriage \u2013 Any debts accrued to the IRS during a marriage in years that both spouses filed joint tax returns are equally owed to the IRS. That is to say, both spouses are liable for those debts.

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

Generally: If you file Form 8379 with a joint return electronically, the time needed to process it is about 11 weeks. If you file Form 8379 with a joint return on paper, the time needed is about 14 weeks. If you file Form 8379 by itself after a joint return has already been processed, the time needed is about 8 weeks.

Does California have innocent spouse relief?

California does not have an injured spouse law. A tax refund issued to both spouses who file a joint return is community property. Because the refund is community property, it can be used to pay the debts of either spouse \u2013 whether owed before or during the marriage.

Is the IRS processing injured spouse forms?

Generally, if you file Form 8379, Injured Spouse Allocation, with the original joint return, the IRS will process it before an offset occurs.

How long does injured spouse refund take 2022?

If an injured spouse files Form 8379 along with the couple's joint tax return, it takes about 14 weeks (11 weeks if the return is filed electronically) for the injured spouse allocation request to be processed.

What are the four types of innocent spouse relief?

In some cases, however, a spouse can get relief from being jointly and severally liable. Types of Relief. ... Innocent Spouse Relief. ... Separation of Liability Relief. ... Equitable Relief. ... Form to File. ... Community Property States. ... Injured Spouse vs. ... Levy and Other Actions Prohibited and the IRS's Time to Collect is Suspended.

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