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megansambec
New Member

Can the IRS take my husbands refund if we file married filing separate and I owe money?

If we file joint, we owe around $5,000.  If  we file separate my husband would get back around $3,000 and I owe around 5,000.  Would the IRS take his refund to put to what I owe?

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Accepted Solutions
SherekaB
New Member

Can the IRS take my husbands refund if we file married filing separate and I owe money?

No. Choosing the married-filing-separately status offers financial protection: the IRS won't apply his refund to your balance due.

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2 Replies
SherekaB
New Member

Can the IRS take my husbands refund if we file married filing separate and I owe money?

No. Choosing the married-filing-separately status offers financial protection: the IRS won't apply his refund to your balance due.

macuser_22
Level 15

Can the IRS take my husbands refund if we file married filing separate and I owe money?

Unless you live in a community property state.   Then that part of the refund that is community property can be taken.  (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin )
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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