Injured Spouse Claims Tax Lawyers in Fairfax, VA
Many married taxpayers file joint tax returns because the aggregate tax is often a little less than if separate returns are filed. But when a joint return is filed, both spouses may be held responsible for the tax due (including subsequent audit adjustments), even if only one spouse earned all of the income.
On the other hand, if you are due a refund on your joint return and the IRS takes it to cover a tax debt owed solely by your spouse, you may be eligible for “injured spouse” relief, and thus to the recovery of your share of the intercepted refund. Here’s a series of questions to help you determine whether you might qualify for relief:
- Did you file a joint federal income tax return?
- Did the IRS take your refund to satisfy your spouse’s past due federal tax, child support, or a federal non-tax debt such as a student loan?
- Did you have income to report on your joint return?
- Did you make tax payments to the IRS through withholding or estimated tax payments, or did you claim an earned income credit or other refundable credit on the joint return?
If you answered yes to these questions, you may be entitled to relief. To secure this relief (and to recover your share of the refund), a Form 8379 must be filed with the IRS. We can help you determine whether you qualify for relief. And we can help you assemble and present your case in the most effective manner, thus increasing the chances of recapturing your share of the intercepted refund.
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