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Innocent Spouse Relief and Injured Spouse Relief?

Innocent Spouse Relief

Could relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didn't know about the errors.


Innocent spouse relief is only for taxes due on your spouse's income from employment or self-employment. You can't claim relief for taxes due on:

  • Your own income

  • Household employment taxes

  • Individual Shared Responsibility payments

  • Business taxes

  • Trust fund recovery penalties for employment taxes

You may request innocent spouse relief if:

  • You filed a joint return with your spouse

  • Your taxes were understated due to errors on your return

  • You didn't know about the errors

  • You live in a community property state

Errors that cause understated taxes include:

  • Unreported income

  • Incorrect deductions or credits

  • Incorrect values given for assets

When you file a joint tax return with your spouse, regardless of how you file, you are both responsible for the tax and any interest or penalty due.




Crush your taxes

Injured Spouse Relief

Can help you get back your share of a federal tax refund that was reduced to pay your spouse's debts. Refunds on a joint tax return may be applied to overdue debts such as:

  • Past-due child support

  • Debts to federal agencies

  • State income tax obligations

  • State unemployment compensation debts

You may be eligible for injured spouse relief if:

  • You filed a joint return with your spouse

  • Your tax refund was applied to your spouse's overdue debts

  • You weren't responsible for the debt


"Injured Spouse Relief vs. Innocent Spouse Relief"


Tip: If either of these situations apply to you, make sure to discuss the situation with your tax preparer.

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