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Do I have to file innocent spouse relief for this year if I’m filing as head of household?

I was granted innocent spouse relief last year when I filed married filing jointly. This year I filed as head of household since we haven’t lived together for over 12 months. 

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Accepted Solutions
MinhT
Expert Alumni

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

No, you do not need to an innocent (or injured) spouse relief form if you file Head of Household. The IRS cannot offset your refund to pay for your spouse's debts.

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9 Replies
MinhT
Expert Alumni

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

No, you do not need to an innocent (or injured) spouse relief form if you file Head of Household. The IRS cannot offset your refund to pay for your spouse's debts.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

Thank you 🙂
td_lira14
New Member

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

What if the IRS did offset my husbands refund? He filed head of household we are separate and his refund got reduced why would that happen? When it’s my debt.

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

@td_lira14 - Did you and your spouse live apart at all times during the last 6 months of 2018 AND he had  child dependent?
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

@td_lira14 - It also depends on the type of debt.   If incurred on a joint return then both spouses are responsible.  The IRS should send a letter to tell the reason.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
td_lira14
New Member

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

Yes we lived apart more than the 6months and he has kids
td_lira14
New Member

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

It was on a joint return...i didn’t get the W-2 when he filed that year and we thought we “guessed” the right amount...can I file the innocent spousal thing for him? Since it was my W2?

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

No.   On a joint return both spouses are equally liable for any back tax owed.  Both spouses on a joint return certify that the tax return is complete and correct.  The IRS can (and will) collect from either, or both spouses until the debt is satisfied.

The innocent spouse does not apply.  Innocent spouse is for your own debts, such as back child or spousal support, unpaid student loans, etc., that only apply to one spouse.    Back tax form a joint return is a joint debt.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
IreneS
Intuit Alumni

Do I have to file innocent spouse relief for this year if I’m filing as head of household?

No -- If you are filing Head of Household, your refund cannot be taken for the debts of your spouse.

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**Mark the post that answers your question by clicking on "Mark as Best Answer"
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