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Video instructions and help with filling out and completing innocent spouse relief vs injured spouse

Instructions and Help about innocent spouse relief vs injured spouse

If you and your spouse filed a joint tax return the general rule is that you're both 100% liable for any additional taxes that are assessed this means the IRS can place leaves on your property levy your assets or even garnish your wages however if the understatement of tax is attributable only to your spouse's wrongdoing and not your own then you may qualify for innocent spouse relief the first requirement is that you must have filed a joint tax return that has an understatement of tax also known as a tax deficiency which is solely caused by your spouse's erroneous item an erroneous item could be income that was received by your spouse and not reported on the return or it could be a credit or deduction that was improperly claimed by your spouse on the return second you must establish that at the time you sign the return you didn't know or have any reason to know that there was an understatement of tax on the return the last requirement is that when taking all the facts and circumstances into consideration it would be unfair to hold you liable for the understatement of tax as an example I worked on a case where a client and his wife got divorced in 2021 right after the divorce she started taking withdrawals from her 401 K when April 2021 came around they decided to go ahead and file jointly for the previous tax year well my clients signed the return he had no idea that his former wife had taken these withdrawals from her 401 K so they were not reported on the return and he signed it he came for a firm and we requested innocent spouse relief since the deficiency was called solely by his wife's 401 K withdrawals and he had no reason to know about those when he signed the return he was relieved of all liability if you qualify for innocent spouse relief you're totally off the hook for any tax liabilities and any resulting interest in penalty however if you and the spouse have any community property the IRS could still come after the spouses portion of that community property I represented a client whose husband owed a bunch of taxes and the IRS is trying to force a sale of their home so that they could collect half of the proceeds representing his half interest in the community property if this for sale had gone through our client would have received half of the proceeds and the government would have received the other half fortunately we were able to negotiate a fair agreement with the government to avoid a forced sale if there was an understatement on your joint tax return that was caused by your spouse and you had no reason about the understatement when you sign the return you should consult with an attorney to see if you might be eligible for innocent spouse relief.

FAQ

How can I find out if my husband has actually filed for a divorce?
Court will send summons to your address through their office server.Court will attempt few times to your address. If you are residing at that address and rejected it, the same will be noted and the Divorce case will proceed without your presence (ex-parte). If you don’t live at that address, Court will ask the Husband to advertise in major publications attempting to reach you. If you are not still reachable, Case will proceed ex-parte.One way to find out if your husband has filed for Divorce is to search in Home - eCourt India Services website. Browse to your district and select “Case Status”. You can search based on your Husband name. Now, you have to make some intelligent guess about which court complex he would be filing in. Normally, that depends on where he resides. So, do some trial and error searches in this page. If he has indeed files for divorce, it will show up here.
How can I fill out a W-4 and taxes if my spouse has an expired visa (undocumented)?
First of all, someone’s visa being expired does not mean they are undocumented. US visas are solely for entry, the visa’s expiration date is the last day one can use that visa to enter the US, it has nothing to do with how long one can stay in the US. One can enter the US on the day the visa expires, and be admitted for months or years afterwards.Second, you fill out your W-4 withholding form based on your marital status and tax situation. Your spouse’s immigration status is not relevant to any part of the W-4 form. And generally, the tax laws apply the same way to people residing in the US, regardless of whether they are documented or undocumented. You and your spouse’s tax returns would be computed and filed the same way regardless of whether you and your spouse are documented or undocumented.
How do you know when to work on becoming a better spouse vs. ending the marriage?
Ideally, as long as one is a spouse, one should always be working on becoming the best spouse one can possibly be.However, it’s important to remember that marriage is a two-way street. Both partners should feel equally and wholeheartedly committed to the marriage. If they are, then they can’t help it ‡ they simply must do everything within their power to be the best spouse they can possibly be.That might include learning better communication skills, which, of course, always starts with learning how to truly listen.It might include going to marriage counseling during the inevitable periods of marital strain.It might include accepting compromise, without compromising your own individual rights, values, and boundaries.And therein lies the key. You should have a strong sense of your own personal rights, values, and boundaries as an individual human being.You have a right to be treated with kindness, dignity, and respect, just as much as your spouse does. No one should ever expect you to compromise those. You have a right to set and enforce boundaries as necessary in order to protect those rights, up to and including terminating the marriage.If you have children, they have those same rights. They are also entitled to shelter, food, safety, and love from you and your spouse. You have a parental duty to protect your children’s rights at all costs, even if it means protecting your children from your spouse.You also have values. Values are inconveniently subjective things, and your spouse may or may not share all your values.But a preponderance of shared values is the glue that holds marriages together. It’s difficult to wholeheartedly admire, respect, and love a person with whom you share few values.You have to decide which values are core to your identity ‡ the ones that are deal-breakers for you, if your spouse doesn’t share them.Ideally you chose a spouse who shares most, if not all, of your most dearly-held values. Ideally you took plenty of time to get to know that person before you married them.If not, you will have to decide what to do about it now. If a lack of shared values makes it difficult or impossible for you to wholeheartedly admire, respect, and love your spouse, then understand that’s probably not going to change. Behavior can change, values almost never do.Despite all the well-meaning exhortations to the contrary, marriage really doesn’t have to be that hard, if you chose the right partner to begin with.
What are the documents my USA wife needs to fill out for a spouse visa for me outside of the US?
U.S. Citizen Petition for a SpouseEverything as mentioned in the link
How do I come out to my spouse?
That’s a hard one…..There is no simple answer to this. From my perspective, the most important thing you can do is let your spouse know how much you care for them, and that their well-being is very important to you. That being said, honesty will be paramount in this situation. Coming out the first time is like biting into aluminum foil, it hurts. And no matter how you phrase it, it’s likely your spouse will feel pain. Once you tell them, accept their feelings , be it anger, disbelief or feeling used. Past that point, the future is up to you. Stressing that you want your spouse’s support and input could help them becomw willing to start a conversation on what comes next. I wish you the very best.
How can I get my spouse to work out?
Just tell them you are concerned about their health. Ask them to come for a walk with you or buy them a bike and go riding as a hobby for you both? Eventually they may feel passionate enough about it to want to go off and do their own thing. Maybe you could also go out swimming together, or prepare healthier food together. You could even both get competitive?
How can I spy on my spouse’s iPhone 7S?
I’ve been living and working in China for about six years and most of my customers work in manufacturing. It seems that the only corporations being affected are U.S. corporations (in other words, factories that actually belong to the U.S.). So this trade war is really doing more harm to the U.S.Trump is basically targeting U.S. infrastructure in China since he seems to think these manufacturing jobs should go back to the U.S. However, the actual U.S. corporations know and understand it would be suicide. American factory workers are more expensive than Chinese workers and China is way ahead in automation as well. It’s just cheaper to manufacture in China. Plus, the Chinese population, who constitutes almost 20% of the world population, is a major consumer of these goods, which helps U.S. corporations who don’t need to import since they are literally located in China. If they leave, they lose‡ a lot.Nevertheless, production at these U.S. factories have gone down as a result. I suppose it would also affect their profit margins. So it’s hurting U.S. factories in China, and the body corporate back in the U.S. must be fuming at the mouth at Trump. I’ve heard from my customers that some of these corporations are looking at places like Vietnam, Cambodia, etc. to keep the cost of manufacturing low enough to still be able to compete. So the jobs are not going back to the U.S. Furthermore, most of the manufacturing plants in those other countries are also controlled by China. So the money is still going to China.Another solution some U.S. manufacturers are apparently looking at is to use these other countries and places like Hong Kong or Taiwan as channels to keep exporting the exact same goods out of China, kind of like a back alley detour. Since the tariffs don’t apply to Hong Kong, Taiwan or neighbouring countries, these places can be used as ports from where they can export, negating the entire purpose of Trump’s tariffs. So in other words, the trade deficit can be artificially split by China to look like it went down while it really never did.It might work. Trump just wants to look good.So I have to be honest. This whole trade war has almost no impact on the Chinese side. Chinese and European manufacturers in China are largely unaffected. Even Google’s decision to ban Huawei form using some of their Android OS functions are having no impact here. Not a single phone in China uses Google Services or Play Store anyway since China already banned Google in 2021. Huawei phones in China mostly use EMUI, which is based on Android. They also have their own app store, and since I’m English and can’t use it, I basically download apps from Google Play, install it on my Huawei phone, and it works just fine. Probably because Android is OpenSource anyway. Anyone can download it and modify it if they want.So I’m really not seeing any impact. People here are still friendly, everything is still cheaper than in most other countries I’ve ever visited, and life goes on. In fact, China’s Belt and Road Initiative might ironically get a big boost from this. The only thing Trump seems to be achieving right now is to sour international relationships. I think this is hurting the U.S. more.This whole thing could’ve been avoided if Trump didn’t give massive tax cuts to Corporate America. In a sense, this trade war looks like a Republican attempt to make up for this mistake. On the campaign trail, Trump proposed a $10 trillion tax cut but insisted it wouldn’t boost the federal budget deficit because the economy would “take off like a rocket ship.” Then the opposite happened. The U.S. Treasury reported that the 2021 deficit swelled to $779 billion. That level marks a 17 percent increase over 2021. the highest in six years.So it looks like the Trump administration is just moving from one blunder to the next, and continues to try to fix their blunders with more blunders. If this was a chess game, Trump would be playing with a king, a pawn and the little dog from Monopoly. In other words, he’s way out of his league here