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Hello my joint tax return got taken by the student loan collection but that is my wife loan before married. Will I be able to get half of tax return or my part of tax return? If yes how can I do it?

 
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JohnW15
Intuit Alumni

Hello my joint tax return got taken by the student loan collection but that is my wife loan before married. Will I be able to get half of tax return or my part of tax return? If yes how can I do it?

You may not be able to get exactly half of any refund, but you can file what's called an "Injured Spouse" claim with the IRS to perhaps get at least some of the refund back. 

When filing jointly, the Injured Spouse Allocation (Form 8379) lets you recover your portion of your refund that was kept by the IRS to pay your spouse's debt (back taxes, back child support, etc.).  Form 8379 can be filed with your tax return, or it can be filed after you've submitted your return. 

Please see the TurboTax article "What is IRS Form 8379: Injured Spouse Allocation" to learn more about this process, and below, I'll include an FAQ that tells you what you need to make an Injured Spouse claim.

How do I file Form 8379, Injured Spouse Allocation?   

https://ttlc.intuit.com/replies/3326788


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