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Is there any way that I cannot be held for my husband's past…

Is there any way...

Is there any way that I cannot be held for my husband's past taxes. In the past we have filled jointly, but these are business taxes, interest and penalties from years ago. I am tired of paying them.

Accountant's Assistant: The Accountant will know how to help. Is there anything else the Accountant should be aware of?

I have been paying through my social security and disability payments. Now I have money coming back and I know they will keep it again.

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3/8/2018
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,759
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Hello. Thank you for choosing this Q&A service for assistance. My name is***** will be assisting you. Have you ever applied for injured spouse relief?

Ask Your Own Tax Question
Customer reply replied 4 months ago
No, I have looked into it, but I wasn't sure which of the three types would even apply.
Customer reply replied 4 months ago
Would this correct form be 8857 Equitable Relief? I am not as concerned about getting any money back as I am to not be held responsible for them. Do I need to file for a divorce or legal separation before doing so?

No, the correct form would be the Form 8379, Injured spouse Allocation.

Link to Form 8379:

https://www.irs.gov/pub/irs-pdf/f8379.pdf

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Form 8379 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. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.

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No, you do not need to be divorced or legally separated to apply for this relief.

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Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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