Child tax credit

[Captanbruzerbean]

Can the irs take child tax credit for back taxes I owe

[DoninGA]

Go to this IRS website for Advance Child Tax Credit FAQ's - https://www.irs.gov/credits-deductions/2021-child-tax-credit-and-advance-child-tax-credit-payments-t...

Q G2. Will any of my advance Child Tax Credit payments be reduced if I owe taxes from previous years...

A2. No. Advance Child Tax Credit payments will not be reduced (that is, offset) for overdue taxes from previous years or other federal or state debts that you owe.

However, if you receive a refund when you file your 2021 tax return, any remaining Child Tax Credit amounts included in your refund may be subject to offset for tax debts or other federal or state debts you owe.

[Captanbruzerbean]

I know the payments can't but what about when I file my 2021 taxes. 

[DoninGA]

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@Captanbruzerbean wrote:

I know the payments can't but what about when I file my 2021 taxes. 

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Yes the tax refund can be seized for past debts.  The Child Tax Credit is included in the federal tax refund.

[Captanbruzerbean]

Should I file married separately so the irs doesn't take child tax credit for my back taxes owed since they are mine before we got married and she makes the income because I can not work

[DoninGA]

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@Captanbruzerbean wrote:

Should I file married separately so the irs doesn't take child tax credit for my back taxes owed since they are mine before we got married and she makes the income because I can not work

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Filing separately is the worst way to file when married.  See this TurboTax support FAQ - https://ttlc.intuit.com/community/married/help/is-it-better-for-a-married-couple-to-file-jointly-or-...

You can still file jointly and include with the return an Injured Spouse Allocation Form 8379 so your spouse's refund will not be seized - https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/0...