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My wife owes student loans will they take my refund

Also check your state laws. They can vary (even in a non-Community Property State).

My wife owes student loans will they take my refund

Will I still be effected if my wife had the student debt before we got married? I live in Oregon.

My wife owes student loans will they take my refund

@Waterman_S 

 

If you file a joint return, and your spouse owes outstanding debts for student loans, back taxes, child support, etc. your joint refund can be seized.   You can file as an "injured spouse" to protect part of the refund.

 

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

 

Another way to avoid having "your" part of the refund seized for your spouse's debt is to file married filing separately, but that comes with its own set of disadvantages:

 

If you were legally married at the end of 2023 your filing choices are married filing jointly or married filing separately.

 

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $27,700 (+$1500 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return.

 

 Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice since with online, you get one return per fee.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

My wife owes student loans will they take my refund

@theomorris33 the most effective way to protect your refund is stated by @xmasbaby0 - file Joint with the Injured spouse form (8879)

 

some thing filing Separate is the way to go, but that can get quite expensive.  The tax liability can be much higher than filing Joint. 

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