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Video instructions and help with filling out and completing Form 8379 line 6
Hi everybody this is Jean from total tax and accounting and today I'm gonna talk to you about injured spouse what is an injured spouse so this is from a tax perspective I have filed a joint return with my spouse and then some are all of a refund was taken to pay the spouses tax liability so if that's happened to you you need to file for relief when you become aware that the IRS is intending to take your refund and use it for your spouse's tax bill so you do not you you're going to need to file a form eighty eight fifty seven you're not going to claim innocent spouse okay there's a difference between innocent spouse and I'll put a link to that video we're talking about injured spouse so generally both spouses are responsible for paying the full amount of tax interest in penalties on your joint return however it you could qualify for innocent spouse if you you may be relieved from all are part of the joint liability you qualify from that if any of the following apply if there's an understatement of tax because your spouse permitted income or claimed false deductions or credits and you did not know or have reason to know so there is an understatement of tax and your divorce separated in or log no longer living with your spouse and so given all the facts and circumstances they would not be fair to hold you liable for the tax that's a lot to say but there is a specific process you need to go through if you feel that your refund is used to pay your spouse's liability a fairly common example of this is let's say the husband is a wage earner and so he has withholding tax kept out and the wife has a business a Schedule C business and she owes self-employment tax really the tax liability arises from her activity and not his and because he paid in with his withholding it might generate a refund but they keep it because the wife didn't pay her estimated taxes that's just a scenario but that's the idea behind an injured spouse so the person who paid in is injured by the tax liability of the other person so you're gonna file form 83-79 for if you're seeking this injured spouse relief i'll show you the form in the next slide but it's going to actually make you allocate your income and deductions so it's as if it splits the two of them if you made a hundred thousand dollars jointly and one of you made forty thousand one of you made sixty thousand you know you've got a 4060 split that's real easy math but that's the process that you're going to go through so that it can bifurcate the income deductions and the resulting tax liability or overpayment so keep in mind these take about 14 weeks to process so if.