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My wife forgot to update her w4 and claimed exempt for all of 2019. Can I file an innocent spouse relief so my refund is not affected even though we're filing joint?

 
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1 Reply
LeonardS
Expert Alumni

My wife forgot to update her w4 and claimed exempt for all of 2019. Can I file an innocent spouse relief so my refund is not affected even though we're filing joint?

Yes, you can file for Innocent Spouse Relief.

 

"...You must meet all of the following conditions to qualify for innocent spouse relief:

  • You filed a joint return that has an understatement of tax that's solely attributable to your spouse's erroneous item. An erroneous item includes income received by your spouse but omitted from the joint return. Deductions, credits, and property basis are also erroneous items if they're incorrectly reported on the joint return
  • You establish that at the time you signed the joint return you didn't know, and had no reason to know, that there was an understatement of tax and
  • Taking into account all the facts and circumstances, it would be unfair to hold you liable for the understatement of tax..." IRS Topic No 205

This link is to the IRS Topic No. 205 Innocent Spouse Relief (Including Separation of Liability and Equitable Relief) and has information that you may find useful.

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