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A Concise Guide on Injured Spouse Tax Relief 

IRS tax provisions allow married couples to file joint tax returns, making both partners jointly and severally liable for tax payments. If one partner defaults on their tax obligations, the other partner also shares the liability. This tax liability continues to exist even after a divorce. However, the IRS offers an injured spouse tax relief scheme to benefit the partner on federal income tax refunds. If you're wondering whether filing for injured spouse tax relief is the best resolution for your tax problems, consult an experienced tax attorney. In this blog, we present a concise guide on injured spouse tax relief.


The injured spouse tax relief is an IRS scheme that allows spouses to get back their share of the federal tax refund that has been reduced to pay the overdue taxes of their partner, of which they had no knowledge. The benefits of the federal tax refund can be applied to overdue debts owed to federal agencies, child support, state income tax liabilities, and state unemployment compensation funds. To claim their share of the refund, the injured spouse must fill out the IRS Form 8379 within three years from the date of filing the tax return and two years after the date on which the tax was paid, whichever is later. If you believe you may be eligible for injured spouse tax relief, you can seek the advice of an experienced tax attorney.

Eligible Candidates

Not every spouse can avail of the benefits of the IRS injured spouse relief. Spouses must meet the following criteria to avail of the benefits:


  • They must have filed a joint tax return with their partner.
  • Their federal tax refunds must have been used to pay the overdue tax liability of their partner.
  • They must not have been responsible for the IRS tax debt for which the refund has been deducted.

If you meet all three criteria, you may qualify for the IRS injured spouse relief. However, to determine your eligibility and get guidance on the relief scheme, it's recommended that you consult with a tax debt attorney. They can help you understand your options better and guide you through the process.

How a Tax Debt Attorney can Help in Filing Requests for Injured Spouse Relief

Taxpayers facing IRS tax problems may require the help of lawyers because the laws and processes may be complex to understand. Tax lawyers possess in-depth knowledge of IRS tax codes and relief programs, including the IRS  injured spouse relief, IRS payment agreement, and IRS installment plan. They can help determine your eligibility for these programs and better represent you in the court of appeals. Reputed tax lawyers in Dallas, such as the Law Offices of Nick Nemeth boast of skilled tax attorneys and years of expertise in providing IRS tax debt help. So when seeking IRS tax debt help in Dallas, Texas for injured spouse relief or any other tax debt relief program, book a no-obligation consultation with a trusted IRS tax debt attorney.



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