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Can you be held responsible for your spouse's student loans?
No. You're protected by "injured spouse relief." If you've filed a joint return, you can get back your share of the offset refund by filing Form 8379 [Injured Spouse Allocation].
How do you efile an injured spouse form?
where and How do you efile an injured spouse form?
How can an injured spouse get the couple's entire refund back if it was offset for back child support?
The injured spouse may or may not get back the entire tax refund. They will have to file an injured spouse tax form (Form Number 8379). The IRS will figure the amount of the tax refund which would be allocated to each spouse and that percentage will be refunded to the injured spouse. If the spouse with the debt was the only one working, the injured spouse will get little or none of the refund back. It all depends on the return and their situation.
How can they take taxes from you because of your husband?
On the 1040 federal income tax return married filing joint that each taxpayer signs.Go to the IRS gov website and use the search box for Topic 205 - Innocent Spouse Relief (And Separation of Liability and Equitable Relief)Both taxpayers are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise as a result of the joint return even if they later divorce. Joint and several liability means that each taxpayer is legally responsible for the entire liability. Thus, both spouses are generally held responsible for all the tax due even if one spouse earned all the income or claimed improper deductions or credits. This is true even if a divorce decree states that a former spouse will be responsible for any amounts due on previously filed joint returns. In some cases, however, a spouse can get relief from joint and several liability.There are three types of relief from joint and several liability for spouses who filed joint returns:1. Innocent Spouse Relief provides you relief from additional tax you owe if your spouse or former spouse failed to report income, reported income improperly or claimed improper deductions or credits.2. Separation of Liability Relief provides for the allocation of additional tax owed between you and your spouse or former spouse because an item was not reported properly on a joint return. The tax allocated to you is the amount for which you are responsible.3. Equitable Relief may apply when you do not qualify for innocent spouse relief or separation of liability relief for something not reported properly on a joint return. You may also qualify for equitable relief if the correct amount of tax was reported on your joint return but the tax remains unpaid.Note: You must request relief no later than 2 years after the date the IRS first attempted to collect the tax from you, regardless of the type of relief you are seeking.If you lived in a community property state and filed as "married filing separate" rather than "married filing jointly", you might still qualify for relief. Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Refer to Publication 971 for more details.Relief from joint and several liability should not be confused with an injured spouse claim. You are an "injured spouse" if you file a joint return and all or part of your share of the refund was, or will be, applied against the separate past-due Federal tax, state tax, child support, or Federal non-tax debt (such as a student loan) of your spouse with whom you filed the joint return. If you are an injured spouse, you may be entitled to recoup your share of the refund. For more information, obtain Form 8379 (PDF), Injured Spouse Allocation, or refer to Topic 203, Failure to Pay Child Support, Federal Non-Tax and State Income Tax Obligations.irs.gov/taxtopics/tc205.html
How long to get taxes back if you do direct deposit injured spouse?
Go to the injured spouse group on facebook. we are all in the same boat no tax professionals just other injured spouses waiting to get returns
How do you file your tax return if your spouse owes restitution but it is not suppose to affect you or the kids?
There is something called "Innocent Spouse Relief", which you file on Form 8857. This is a way to request relief from joint liability for tax, interest , penalties on a joint return for items that were incorrectly reported on the joint return. ALSO, there is something called an "Injured Spouse" claim, which you file on Form 8379. Form 8379 is a way to request the division of a tax overpayment according to the proper share of each spouse's contribution.
How can you stop child support from taking your fed taxes?
If your Spouse is Injured or you are You may Qualify for a Injured Spouse File through Your Tax return, Then You cant get your money taken. H&R Block just did it for me and My Wife . They cannot touch our refund Cause my Wife is Injured for the rest of her life so By filing Injured spouse that is stating She needs all the money due to her Injury. Call H&R Block they will confirm it. Im Behind a little on Support and We filed Injured Spouse and They didnt take a single dime..Atleast Im Using some of the refund to catch up though.... **SEE BELOW** "Injured spouse" does not refer to a disability. The spouse is "injured" when a Federal income tax refund is intercepted due to a debt owed by the other joint filer. The injured spouse can get his/her part of the refund back.
How do I fill out an injured spouse form?
Form 8379
What is the purpose of an innocent spouse relief tax?
The purpose of an innocent spouse relief tax is a form of protection and relief when one partner fails to report some of their income. It also covers one if a partner has claimed incorrectly.
Can a nonobligated spouse's federal taxes be offset due the other spouse indebted child support?
No. The spouse should file an "injured spouse" form with the IRS.
Where do i send the injured spouse form in Tennessee?
Innocent Spouse Allocation Worksheet, IN40SP, 51754 is mailed to the Indiana Department of Revenue, Re: Individual Income Tax, P. O. Box 40, Indianapolis, IN 46206-0040. Before you mail your injured spouse forms, you must first qualify by the IRS and an injured spouse and complete all the requirements listed on the Indiana IN-40SP.
How do you file as an injured spouse on taxes?
Go to the Internal Revenue Service web page and use the search box for form 8379 go to page 2.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 past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.Are You an Injured Spouse?You may be an injured spouse if you file a joint tax return and all or part of your portion of the overpayment was, or is expected to be, applied (offset) to your spouse's legally enforceable past-due federal tax, state income tax, child or spousal support, or a federal nontax debt, such as a student loan.
