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usermestes05
New Member

I recently got married in Feb 2020, husband has not filed taxes in years, and wont file in 2020.I'm trying to file separately, but I'm told I might lose the EIC credit.

I believe he has some things to fix with his taxes, I don't remember all of the details. I don't want to possible lose the EIC because he has not filed in years, went without a job for about a year, and has been working at his new job for a few months. I have always filed and worked.
2 Replies
JohnB5677
Employee Tax Expert

I recently got married in Feb 2020, husband has not filed taxes in years, and wont file in 2020.I'm trying to file separately, but I'm told I might lose the EIC credit.

No, you do not have to file separately.  Form 8379 lets you (the "injured spouse") get back your portion of a refund from a jointly-filed tax return if it's seized or offset to pay your spouse's debt.

 

You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks.

 

To file this form in TurboTax:

  1. Open or continue your return.
  2. Go to Other Tax Situations
  3. Scroll down and select Other Tax Forms 
    1. Report an injured or innocent spouse claim
  1. Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.
  1. Please be aware that when you get to the Tell Us More About Your Situation screen, in order to meet all qualifications to file the form, the box I am not required to pay the past due amount must apply to you. If so, check the box.
  1. Note: Pay close attention to the screens, as some of them apply to innocent spouse relief, which is different. Leave those questions blank if you only want to claim injured spouse relief.
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SweetieJean
Level 15

I recently got married in Feb 2020, husband has not filed taxes in years, and wont file in 2020.I'm trying to file separately, but I'm told I might lose the EIC credit.

There are special issues if you are in a Community Property State.  In any event, the two of you may wish to see a professional to get Husband caught up the IRS and State.

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