If my husband and I filed joint with an injured spouse form, does he need to file his unfiled 2014 and 2015 taxes before I get the 2016 return?

[jenniferwestern]

Turbo tax deluxe

[Critter]

No but the 2016 may be held up due to the missing returns.

[PatriciaR · Accepted solution]

You will receive your portion of the refund irregardless of whether or not your husband filed his 2014 & 2015 taxes.  However, filing Form 8379, Injured Spouse Allocation can delay your federal refund by up to 14 weeks and your 2016 refund may be delayed further if the IRS should decide to request his prior tax returns.

Also, if your husband thinks he would get a refund in his 2014 and 2015 tax returns, he needs to file the old returns as soon as possible before it's too late to receive the refund. Because even if it's taken toward his debt, it will help him pay down whatever he owes.