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My refund maybe withheld to pay my husbands said debt…he is considered contract labor…where as I have a w-2…am I able to amend my filing status…to receive my refund?

It currently filed as married jointly
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1 Reply
AnnetteB6
Employee Tax Expert

My refund maybe withheld to pay my husbands said debt…he is considered contract labor…where as I have a w-2…am I able to amend my filing status…to receive my refund?

If you have already filed a joint return, then amending to a Married Filing Separate return may not protect your tax refund if it is seized to pay your spouse's debt.  However, you can amend a Married Filing Joint return to a Married Filing Separate return, but it must be done by April 15th.  

 

You should consider filing an Injured Spouse form instead.  If you receive notice that your refund is being taken for a debt you are not responsible for, then the Injured Spouse form can be filed on its own to reclaim your portion of the refund.  

 

Take a look at the following information to learn more:

 

Injured spouse relief
 

How do I file Form 8379, Injured Spouse Allocation?
 

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