Consider IRS Injured Spouse Tax Relief if you plan to marry someone with tax problems. Your significant other owes back taxes; not you. You will not owe the back taxes once you get married. You also do not want your refund taken. If you do marry, request IRS Injured Spouse Tax Relief. You will get your refund. Your spouse’s refund will be applied towards his or her back taxes.
This will work if your spouse owes back child support, back alimony, back state taxes, unpaid student loans, or any other unpaid federal obligations.
We strongly recommend you file Form 8379 with your tax return by April 15th. If you are amending your tax return, then you file Form 8379 with the amended tax return.
You do have the option to file Form 8379 separately but we do not recommend it.
The IRS will notify you of IRS Injured Spouse Tax Relief request acceptance or denial. It should take the IRS about 14 weeks to process Form 8379, Injured Spouse Allocation.
IRS Injured Spouse Tax Relief is different than IRS Innocent Spouse Tax Relief. IRS Injured Spouse Tax Relief is used when you do not owe the back taxes. IRS Innocent Spouse Tax Relief is used when you do owe back taxes with your spouse. You can remove taxes owed with your spouse by requesting IRS Innocent Spouse Tax Relief.
IRS Circular 230 Disclosure: To the extent this writing contains advice on a federal tax issue, the advice is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.