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Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouses debts. Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return.
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.
Publication 971 explains when a spouse may be relieved of tax, interest, and penalties on a joint tax return. Three types of relief are available to married persons who filed joint returns: Innocent spouse relief. Separation of liability relief.
Youre an injured spouse if your share of the refund on your joint tax return was (or is expected to be) applied against a separate past-due debt that belongs just to your spouse, with whom you filed the joint return.
(See Community Property Laws, later). You may be allowed innocent spouse relief only if all of the following apply. erroneous items (defined below) of the person with whom you filed the joint return. know and had no reason to know that the understated tax existed (or the extent to which the understated tax existed).
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Who Can File Form 8857: Request for Innocent Spouse Relief? Filing a joint return with an understatement of tax. Tax due to a spouses erroneously listed income or deductions. The determination that it is unfair to hold the requesting taxpayer liable for the understatement.
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.
To request injured spouse relief, file Form 8379, Injured Spouse Allocation. You can file it with your tax return by mail or electronically. You can also mail it separately when you receive notice that your refund was applied to an outstanding debt.

irs form 8379