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Injured Spouse or Innocent Spouse

My husband and I have been married about 6 months and while preparing taxes I learned that my husband has not allowed any withholding of his W2 payroll taxes for state and federal taxes, which has left us with a HUGE tax liability, where otherwise i would have gotten a return of around $4k. Do I qualify for either injured spouse or innocent spouse relief?

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Injured Spouse or Innocent Spouse

An innocent spouse is a spouse that filed a joint return but was unaware that their spouse deliberately under-reported their tax liability. By filing as an innocent spouse (Form 8857), s/he can be protected from additional taxes, penalties, and interest when the IRS later finds out about the unreported income.

 

To file Form 8857, Innocent Spouse Relief in TurboTax:

  1. Open (continue) your return.
  2. In the upper right menu, select and search for innocent spouse relief.
  3. Select the Jump to link in the search results.
  4. Answer Yes, then fill in the year(s) requested on the following screen, and select Continue.
  5. On the following screen, fill out Form 8857 (be sure to first read the instructions by scrolling all the way to the top). When finished, select Continue.
  6. The interview will turn to injured spouse questions, which may or may not apply. Many filers seeking innocent spouse relief also seek injured spouse relief.

When you're ready to file, we'll walk you through the steps to mail in Form 8857, which is filed separately from your return.

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

View solution in original post

1 Reply
Highlighted
Expert Alumni

Injured Spouse or Innocent Spouse

An innocent spouse is a spouse that filed a joint return but was unaware that their spouse deliberately under-reported their tax liability. By filing as an innocent spouse (Form 8857), s/he can be protected from additional taxes, penalties, and interest when the IRS later finds out about the unreported income.

 

To file Form 8857, Innocent Spouse Relief in TurboTax:

  1. Open (continue) your return.
  2. In the upper right menu, select and search for innocent spouse relief.
  3. Select the Jump to link in the search results.
  4. Answer Yes, then fill in the year(s) requested on the following screen, and select Continue.
  5. On the following screen, fill out Form 8857 (be sure to first read the instructions by scrolling all the way to the top). When finished, select Continue.
  6. The interview will turn to injured spouse questions, which may or may not apply. Many filers seeking innocent spouse relief also seek injured spouse relief.

When you're ready to file, we'll walk you through the steps to mail in Form 8857, which is filed separately from your return.

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

View solution in original post