On the married filing joint income tax return it is not the spouse that owes the tax because the spouse worked and earned the income it is we owe taxes on the joint income tax return because the spouse worked and earned the income.
If this is about some past due taxes that the spouse owes then the below information would apply.
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.
I take it that the two of you filed separate returns and kept your funds separate. You are probably not responsible for your deceased spouse's federal income tax. However, your deceased spouse's estate is responsible for his or her federal income tax. That is if there is enough money in the estate to pay the taxes. Otherwise, you may need a good tax lawyer.
In terms of Capital Gains Tax, a couple does not hold the amount jointly. Each spouse is only responsible for or gains from their part of the tax. If transferred it isn't considered a gain or a loss for either spouse.
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.
This comes up often in divorce cases. If you were legally married during the time in which the tax is owed then more than likely both parties are equally responsible for the tax in question. You can file and "Injured Spouse Form" on your behalf and the IRs will determine who is responsible for the taxes. Most likely this will only protect your currents spouse's (if remarried) share of your current return but you can try.
No not as a dependent. On the married filing joint income tax return the is an exemption on the 1040 tax form the same as the taxpayer.
If one spouse owes taxes but the other spouse doesn't, they may still be held jointly responsible for the debt. This is because the IRS can pursue both spouses for the full amount owed, regardless of who earned the income. It's important for both spouses to communicate and work together to address the tax debt to avoid any potential penalties or consequences.
If you file taxes separately, you are generally not responsible for your spouse's tax debt. Each spouse is responsible for their own tax liabilities when filing separately.
The estate is responsible for all debts, including taxes. The spouse benefited from the income.
I take it that the two of you filed separate returns and kept your funds separate. You are probably not responsible for your deceased spouse's federal income tax. However, your deceased spouse's estate is responsible for his or her federal income tax. That is if there is enough money in the estate to pay the taxes. Otherwise, you may need a good tax lawyer.
Usually both parties are responsible for tax debts during the marriage. A spouse might not be responsible for taxes owed before the marriage.
No, the only person legally responsible for tax liability is the individual(s) who signed the tax return. However, the non liable spouse should keep in mind, that some marital property can be subject to attachment in such matters even when the marriage occurred after the tax liablity was incurred.
She can file an Injured Spouse Form. see link
In terms of Capital Gains Tax, a couple does not hold the amount jointly. Each spouse is only responsible for or gains from their part of the tax. If transferred it isn't considered a gain or a loss for either spouse.
Oh, dude, that's a tough one. Technically, if the surviving spouse never worked and was just a dependent, they wouldn't be responsible for the deceased spouse's back taxes. But hey, I'm no tax expert, so maybe double-check with someone who actually cares about this stuff. Like, good luck with all that tax drama, man.
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.
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