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12508 Form: What You Should Know

Form M-12508, Massachusetts Questionnaire for Non-Requesting Spouse. Department of the Treasury — Internal Revenue Services.  Form M-12508, Massachusetts Questionnaire for Non-Requesting  Spouse. Form 12508, questionnaire for non-requesting spouse — DUCAT, [electronic resource]. Format: Journal, Periodical Online Resource; URL:<. De-12508.

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Video instructions and help with filling out and completing Form 12508

Instructions and Help about Form 12508

Our course objectives today are to define the difference between innocent and injured spouse relief. This is a very commonly messed up thing, even amongst practitioners. Understanding the difference between the two can be difficult for practitioners. We're also going to look at the inter spouse procedures. We'll look at various innocent spouse provisions and rules, including some things that you don't commonly hear about. We'll go in depth on Form 8857. Finally, we'll discuss Appeals procedures for innocent spouse relief. So, what is the difference between innocent and injured spouse relief? Like I said earlier, this is very commonly confused. Injured spouse refers to when one spouse is "injured" by federal offsets of the other spouse's sole liability. Remember, if they're filing married filing jointly on their 1040, then they are jointly liable for, and jointly and separately liable for, the tax obligation. However, there are cases where one spouse has a debt that can be satisfied through the federal offset program. The most common situations where this occurs are unpaid child support debts to various federal or state agencies, and separate tax liabilities. For example, if one spouse has a tax liability incurred prior to the marriage, or if one spouse owns a business and there was an employment tax situation that generated a trust fund recovery penalty, which is only against one person. In these cases, if one spouse owes a trust fund recovery penalty and they file a joint return and they get a refund or they're due a refund, the IRS is going to seize that entire refund. This is an injured spouse situation because the other spouse's part of the refund was seized to satisfy the other spouse's trust fund recovery penalty. Under Internal Revenue Code section 6402, the injured spouse program provides relief from those offsets....