Can I choose to be a nonobligated spouse on my 1040's for the federal and state taxes, or is there paperwork to fill out? I'm filing online and would like to be a nonobligated spouse.
2007-04-16 07:15:09 · 2 answers · asked by Steve D 1 in Business & Finance ➔ Taxes ➔ United States
There is a question on both my federal and state asking if I'm a nonobligated spouse. Something to do with my spouse's debt - possibly to the IRS? - and he hasn't filed his taxes and will be late, he owns a company, etc... he's filed his extension but I still would like to be nonobligated if I can... Help!!
2007-04-16 07:22:17 · update #1
What's a "non-obligated spouse?" I've been working taxes for nearly 40 years and have not heard of that yet, but I'm willing to learn!
Addendum: OK, if he has a debt that existed prior to your marriage you need to file an Injured Spouse Allocation to protect your share of any refund from capture.
If he has tax debts from after your marriage they're your debts too iof you filed a joint return unless there are unusual circumstances. You'll have to document that on an Innocent Spouse Declaration, which the IRS may or may not accept.
You can protect yourself in both situations by filing a separate return but you will pay higher total tax if you do.
2007-04-16 07:19:13 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
This isn't a term that I've ever heard, and isn't an official IRS term. If your tax software has a help function, use it and find out what they're asking. They might be asking whether any debt is just your spouses, or yours also, so the software can add in an injured spouse form if you say you're non-obligated - that's just a guess.
2007-04-16 08:12:37 · answer #2 · answered by Judy 7 · 0⤊ 0⤋