Tax question with injured spouse form?
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I believe my husband has lied to me about our last 2 year tax returns and i want to file a injured spouse form. Do I have to let him know that I am planning on filing this form? And if I don't will he find out that I did? I am afraid to tell him as we are having some marital problems that is a different question. Thanks so much!
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Answer:
It depends on what you think your spouse lied to you about. Form 8379, Injured Spouse Allocation, 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. There is also the "Innocent Spouse Tax Relief". See this link: http://www.irs.gov/individuals/article/0,,id=96786,00.html
Erin L at Yahoo! Answers Visit the source
Other answers
The answer Richard gave is a good answer on Injured Spouse. If you are really asking if there is a way that you will not be liable for outstanding taxes, then you are talking Innocent Spouse, Form 8857. But if you are still married and living together it is not likely you will be granted relief. If you file for Innocent Spouse the IRS has to contact your husband and allow him to respond to them. If you are not living with him the IRS will not give your address to your husband. If you just want to find out if you have an outstanding tax debt. Go to the nearest IRS office and ask for a copy of your transcript for the years in question. If you have additional questions you can visit www.irs.gov. This is the IRS web site.
Dave T
An Injufed spouse form keeps your share of a joint refund from being taken for his debts. I don't see how that would apply here. Do you mean an INNOCENT spouse form, to keep from being responsible on a joint return? Here's a summary of info on innocent spouse: http://www.irs.gov/individuals/article/0,,id=129862,00.html This doesn't get used until the IRS comes after you for back taxes. So no, it's not something you would file in advance.
Judy
If you file the form and it's processed, the IRS will give you your share of the refund (assuming you are entitled to any). This will in turn increase his previous debt--and of course he'll get a letter saying that this balance went back up because you filed the form. And since the refund check comes in both your names, you'll need him to sign it before you cash it anyway.... Exactly what lies is he telling you? Are there other things going wrong?
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