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Level 2
June 1, 2019
Question

My husband own IRS can I file separately if were married?

  • June 1, 2019
  • 2 replies
  • 6 views

I messed up on filing my tax return because I wasn't aware of my husband own IRS and is in IRS debt, it affects me now can I file separately and claim head of house hold because I pay most of the bills and he working on paying off his debts? we are newly wed. He has a casino problem as well I want to file separately how well are my chances?

2 replies

Level 10
June 1, 2019

Instead of using the Married Filing Separately status, please consider filing as Married Filing Joint and making use of the "Injured / Innocent Spouse" Form 8379, which can be found in the TurboTax software on the Federal tab for Other Tax Situations.  Married filing separately is the worst of the filing statuses, because you lose almost all tax credits and you are forced to both itemize or both take the standard deduction.

When the page opens, scroll down to the bottom and select the very last item, Miscellaneous Tax Forms.  When the list of miscellaneous forms opens up, look for "Report an injured or innocent spouse claim".  As you work through the form be sure you only answer the Injured Spouse questions (not the Innocent Spouse questions). 

There are a few questions you need to answer in the opening section and then you will need to click through several pages of Innocent Spouse questions before you get to the Injured Spouse section. 
Level 2
June 1, 2019
ok but I already filed separately this year and I messed up I tried to file head of household and itemize but it wouldn't let me or an error happen because when I review my taxes it say not head of household and standard so I got on 2000 back out of 8 I file head of household because we got married but he didn't live with me because our apt he wasn't on my lease and I had to move into a bigger appt and plus he travels for work so he paid his expenses  and I paid my own for year.