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What exactly is an Innocent Spouse Relief when referring to taxes?
Wiki User
∙ 10y ago
Using innocent spouse relief due to your partner not working gives you the burden of taxes in your name and clears them of any tax debt in their name which goes on the joint house hold.
Wiki User
∙ 10y ago
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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.
Which tax form do married couples use?
Claiming innocent spouse relief, which applies to all joint filers. An election to allocate a deficiency, which applies to joint filers who are divorced, widowed, legally separated or have not lived together for the past 12 months. Equitable relief, which applies to all joint filers and married couples filing separate returns in community property states. 8857 to request any of these kinds of relief. Publication 971 explains these kinds of relief and who may qualify for them. 8332 Release of Claim to Exemption for Child of Divorced or Separated Parents There are options, depending on specific cirumstances.
What is SPASMT tax on a notice of Levy?
Special Assessment - this usually happens when there is a joint return or an Innocent Spouse claim. Then the joint liability is assigned to both partners as a special assessment.
How do you efile an injured spouse form?
where and How do you efile an injured spouse form?
If a man dies can his widowed wife be held responsible for her late husband's back taxes of which she was unaware?
http://www.cktax.com/innocentspouse.htmTo qualify for an Innocent Spouse, you must meet all the following conditions:You must have filed a joint return that has an understatement of tax. The understatement of tax must be due to erroneous items of your spouse.You must establish that at the time you signed the joint return, you did not know, and had no reason to know, that there was an understatement of tax.Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax; and You must request the relief within 2 years after the date on which the IRS first began collection activity against you. This is after July 22, 1998.Under Separation of Liability you divide the understatement of tax onTo be sure, you can be responsible for taxes you knew nothing about very easily. If you didn't know anything about the income causing the tax may be grounds for innocent spouse relief.Innocent spouse relief is NOT a slam dunk. Along with and perhaps more defining of the previous, especially of the term "no reason to know" is the idea that it was hidden from you and you shouldn't have reasonably known, and you didn't benefit from it.More OpinionsThe questioner does not state whether the returns filed are joint or single, therefore the simple answer is: If the returns were a single filing by the husband the wife bears no liability; if the return(s) were filed jointly she should speak with a qualified attorney about the matter and no one else, in particular any representative of the IRS or state tax division.
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.
What does a tax attorney do?
A tax attorney is a type of lawyer who helps people with IRS collections, innocent spouse relief, tax levies, payment arrangements, and tax debt relief, amongst other things tax-related.
Am you liable for your husbands tax evasion?
In most cases, if you filed taxes jointly, you are liable for your husband's tax evasion. You can file for an "innocent spouse" relief that may protect you from some of the penalties.
Is there such thing as an innocent spouse?
"Yes. I believe in an innocent spouse. I do agree there are some in relationships that do not cheat and abuse their spouse. They should be commended for doing so. I know it's hard to believe, but to believe is to conquer."
What has the author Karen B Brown written?
Karen B. Brown has written: 'Innocent spouse relief' -- subject(s): Income tax, Correality and solidarity, Taxation, Joint returns, Husband and wife
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.
Is it spouses' or spouse's?
The correct form is spouse's. Use this form when referring to something that belongs to one spouse. "Spouses'" is used when referring to something that belongs to multiple spouses.
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
If your spouse is being sued what can you do as the innocent spouse to protect yourself and your children financially excluding divorce?
It depends on the crime, where you were when your spouse did whatever he/she did, and whether you have an allabi. GET A LAWYER
What are the release dates for Supreme Justice with Judge Karen - 2013 Innocent Spouse Plagiarizing Pupil 1-4?
Supreme Justice with Judge Karen - 2013 Innocent Spouse Plagiarizing Pupil 1-4 was released on: USA: 2013
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].
When a person dies owing the IRS a lot of money is his wife responsible for the debt?
There are several IRS publications that may help you. Get them on the web at IRS.gov First, there is a concept called "innocent spouse relief" that you can read about in Pub 971. Others deal with deceased spouses in general and they are Pub 554 and Pub 501.AnswerThe answer is generally, Yes. Presuming it isn't a purely business tax, from an incorporated business, but rather taxes the both of you were personally responsible for, you filed joint returns, your liable for the deficit. Understand, innocent spouse relief is NOT ignorant spouse relief!The fact you didn't know, understand, approve, etc makes no difference. If the money that was misreported went to your benefit - that is paid for your house, vacations, lifestyle, etc...then you owe the tax on it. You should have understood that if you were living a lifestyle of spending $X, and your joint return was reporting something that wouldn't reasonably support that, it was wrong and you shouldn't have signed it...and even though "he took care of those matters" doesn't work. It was your responsibility and the Gov't didn't release you because you wanted him to do it. Apparently he didn't do it well. That's now your responsibility.To get innocent spouse relief you better be able to show your spouse had something like a second life you didn't know about. That his concubine in the condo in Florida and the convertible to bring her to the Spa was where that money went...AND you really didn't know about it...not that you were a wife that just ignored it, for the quid pro quo of having the life you wanted.You must show that he was a rotten scoundrel and took you as well as society...basically to get himself pleasure. You prepared to do that? Sorry for being so blunt, but that's the facts.
