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Education
It depends. The IRS can take all of the refund to satisfy the debt, but it is possible to get your portion of the refund. I recommend the following:
- First, you can call the following phone number to see if the refund will be taken (offset) to pay the debt: 800-304-3107 (it’s an automated system that asks you to input answers to several ID questions, then says if there is a debt the IRS can use the refund to pay). If the answer is no, you will have nothing to worry about. File Married Filing Joint as normal.
- If the answer is yes, and you wish to get a portion of your refund, file Form 8379, entitled Injured Spouse Allocation. See the following link for more details: https://www.irs.gov/uac/form-8379-injured-spouse-allocation
You will still file Married Filing Joint to maximize your deductions and credits. Although the idea of the form is that you get the portion of the refund based on your income and credits, only the IRS can determine what that amount (if any) will be. A return with this form must be mailed in.
However, if you don't have children, have very similar income and will not claim other credits, you may decide to file Married Filing Separately. The IRS will not take your refund if you file a separate return, and if you have this set of circumstances, you'd get about the same back filing joint or separately. But if you have children or other credits, the first way is better.
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