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Level 2
June 4, 2019
Solved

MFS/Injured or Innocent spouse?

  • June 4, 2019
  • 1 reply
  • 17 views
I was married last year. My husband is in the process of filing his last 2 years of taxes. He doesn't know if he will owe or get back. I  want to go ahead and file MFS. If I file  MFS, will I have to file innocent/Injured spouse form? Will my return be delayed since he hasn't filed his prior years return, or will I go ahead and receive my refund?
Best answer by MichaelL1

You can go ahead and file MFS and your return will be processed.  

As long as you did not file as MFJ and had a tax liability then your refund is safe.

If you do file as MFJ then you need to do the injured spouse form. 

1 reply

MichaelL1
MichaelL1Answer
Level 15
June 4, 2019

You can go ahead and file MFS and your return will be processed.  

As long as you did not file as MFJ and had a tax liability then your refund is safe.

If you do file as MFJ then you need to do the injured spouse form.