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New Member
posted Mar 11, 2025 7:13:08 AM

Refund taken for back taxes owed

It’s been 14 years and they still take my my tax refund! 
I called IRS last year and she was confused also as to why .. no payment plans were made to offset date. 
I was a stay at home mom at the time no job but my ex filed married joint and screwed me as he owed and never paid .. got divorced… and now they take my refund! There’s a ten year statute of limitations .. she said I needed to file a paper explaining what years I wanted back and my situation and it came back saying I owed nothing but they still take it! 
im so confused and thinking I need a tax lawyer at this point . 
why would they still take my refund after ten years with nothing ever filed for payment plans or to change date ? 

0 2 1253
2 Replies
Expert Alumni
Mar 11, 2025 7:54:40 AM

Based on the situation described above, you might want to consider filing Form 8857- Innocent Spouse Relief. There are 2 types of spouse relief on this type of circumstances, injured spouse relief, and innocent spouse relief.

Injured spouse relief lets you reclaim money taken from your tax refund to cover your spouse's debts. (Use Form 8379)

Innocent spouse relief relieves you from paying additional federal income tax owed by your spouse due to errors on a joint tax return. (Use Form 8857)

See the links below for additional information on the difference between both of them, and how to properly complete the form 

 

Tax relief for spouses

What is an innocent spouse and how does it differ from an injured spouse?

 

Keep in mind, once your return is accepted for processing by the IRS and/or State TurboTax has no control over the processing of your return and/or release of your refund. If you have any inquiries regarding any delay or refund offset, you should contact the IRS or your state Department of revenue directly for further assistance.

New Member
Mar 11, 2025 8:08:08 AM

Thank you NicolleR1 I did file in June 2024 an 8857 per the IRS representative.. about a month later I received a letter saying I didn’t owe them anything but then about a month after that I received another letter saying I owed them 52,000!!! 
I’ll be curious to see if I get this refund back as I just filed 2024