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You qualify as a nonobligated spouse if (1) you have income (such as wages or interest) and prepaid taxes (such as withholding or estimated tax payments) to report on a joint return, or (2) you are going to file a joint return for any refundable credit(s) and you want to disclaim your spouses defaulted governmental
Injured Spouse Relief The most common situation where this occurs is when one spouse (i.e., the obligated spouse) has delinquent tax debt or student loan debt, and the other spouse (i.e., the non-obligated spouse) does not.
Spouses are not liable for their spouses taxes if they do not file a joint return, e.g., the tax is for a year a separate (married or single) return was filed, or incurred prior to marriage.
The Income Allocation for Non-Obligated Spouse form (743) is automatically generated for mailing to taxpayers when one person on a jointly filed return is potentially liable for a debt. Due to tax laws, this form is not sent out in advance.
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.
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New York Form IT-280 Nonobligated Spouse Allocation is filed if you do not want to apply your part of a joint refund or refundable credit to a debt solely-owned by your spouse.

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