Video instructions and help with filling out and completing Why Form 8815 Spouse

Instructions and Help about Why Form 8815 Spouse

Welcome to home base tax top of my name is lissandra Everett I am the home this tax lady where I help home business owners win the tax game home biz tax talk airs Monday through Friday 9:00 o'clock ish and when you tune into my show you're gonna hear about topics that are important to the home business community alright so today we're talking about the difference between injured spouse and innocent spouse okay so these are are two ways you can file your status if you're a spouse and you got some drama going on on the tax front so let's talk about it so when we're talking about an injured spouse and read spouse is dealing with a tax refund usually okay and then when you're talking about innocent spouse you're talking about a tax liability so we'll talk we'll tackle injured spouse first because really that's what you're gonna be hearing about on Facebook you guys at all social media people ticked off about the IRS taking a refund to satisfy a spouse's tax tax issue so what kind of things happen with innocent spouse well if you have a spouse that had that owes that child support has back taxes or oh student loans or even possibly have a state debt if you all file together then and produce a refund then the IRS will take the refund to satisfy the debt of that other spouse so this is why it's important to have these tax conversations before any filing gets going okay because you really need to know because we took go back and correct an innocence to correct injured spouse it takes lots of time now if you file but you know we if you claim injured spouse when you file you will file that electronically but it's going to take longer to process it's not going to be a ten day turnaround because there's there's a human involved in an injured spouse claim okay so with injured spouse you want to try to do that when you file not after the fact because trying to get this money back you know hey that can be a very long and tiresome type of you know event to go through it just really is it's crazy so you want to do that upfront but what that does is is that that allows you to want to file jointly as a married couple to get all the tax credits that you are due and then separate to where you know the the spouse that has the back tax issue or whatever that their money gets taken and then you the injured spouse you get your money so that is how that's how the injured spouse works okay so now let's talk about innocent spouse now innocent spouse has to do with the liability so if you want to think about innocent spouse think I didn't do it okay and that usually has to do with spousal abuse or even criminal activity to where the spouse really has no clue of what's going on in the tax return now the thing about innocent spouse is that you really have to be able to prove that you didn't know what was going on or that you really didn't have anything to do with it because your spouse may have been in control of the finances it really does happen so with innocent spouse there is a tax liability and you're saying hey I had nothing to do with this so when you are married filing jointly you are responsible for the tax liability both jointly meaning together and severally meaning each one of you will be held responsible so just as an example if you filed a joint return and let's say you later got divorced and there was a tax debt to be resolved well if you if the other spouse did it but you over here get in your life and you get a refund the IRS will then come take your refund because you were on that tax return okay so that's what it means to be responsible jointly and severally that means that they can't get it from one they'll get it from the other so the so the innocent spouse claim is you know is something that you know you're saying hey I don't have anything to do with this tax liability that's something they did and I should not be held responsible so you really have to you know know which situation you're dealing with Android spouse again is dealing with the refund now one of the things I heard and I'm sorry if it kind of tickled me a little bit but it does not mean that you the spouse have to be injured the injury is them taking your tax refund to satisfy someone else's debt it doesn't mean that you are physically injured or have to be physically injured to to claim injured spouse is just that your your spouse has has claimed you know has some unresolved issue that the government is saying hey we're coming to get this money all right now another situation that I saw that you guys listen just this is just don't do it okay I had I saw a situation where a girlfriend allowed boyfriend to claim her children and that produced a refund well the IRS took that refund because boyfriend had not been paying child support for his own children okay so and in this case you know what there's no resolution simply because the the girlfriend and the boyfriend were not married so there is no joint return and the boyfriend he can't exactly go and say okay well I wasn't supposed to claim these kids because then that's fraud and he can get more trouble and so the person that got the the back child support hey that's what was coming to you so so you