Yes, if you file a joint return for 2016, your refund can be
reduced for back taxes that your spouse owes. You can file Married Filing Separately
to avoid that. You can, however, request an Injured Spouse Allocation instead, so that
the refund that results from your withholding/payments is not offset even with
a joint return.
To do that:
- Go to the Federal Taxes tab, then choose Other
Tax Situations .
- Scroll down to the bottom of the page, and choose
Miscellaneous Tax Forms.
- Choose Report an injured or innocent spouse claim (see
screenshot)
- On the screen Innocent and Injured Spouse Relief, click
continue, because you are not seeking Innocent Spouse relief.
- Continue to the screen Let's See if You Qualify for Injured
Spouse Relief, and answer the questions carefully.
- On the screen Tell Us More About Your Situation, it’s
important that you state that you are filing a joint return, that there is some
debt of your spouse that may be reduce your refund (you can choose more than
one) and that you are not liable for this debt.
- Continue entering information from your return.
Form 8379, Injured Spouse Allocation, will be filed along with your tax return.
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