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If you filed taxes jointly, were expecting a refund, and your portion of the refund was applied to a debt of your spouse that you are not liable for, then you may look to seek injured spousal relief.
If you file a joint return, your refund may be subject to collection activities against your spouse. This typically occurs under circumstances where your spouse has unpaid tax debts, federal student loans in collection status, or owes back child support payments. To be considered an injured spouse you must not be personally liable for the debts in question.
If you are aware of tax debt collection issues, unpaid taxes, or back child support owed by your spouse, you should file an injured spouse IRS Form 8379 attached with your return at time of filing the return. If you find out about these issues later, are notified that your refund will be intercepted, you should file as an injured spouse as soon as you learn this information.
Innocent and Injured Spouse are commonly confused terms due to their similarity. You may be an injured spouse if your income tax refund is threatened to be applied against your spouses’ debts, whereas an innocent spousal relief claim is used when your joint return has an understatement of tax due to erroneous items of your spouse causing you additional tax liability.
Contact the Sheppard Law Offices today at 1-877-505-9455 to receive a free consultation regarding your injured spousal relief claim.
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