Filing ahead of household after seperation

[GroT]

Hi, I filed my taxes, I am separated from my husband and turbo tax recommended I file head of household in stead of married filing seperate. Because we can’t divorce until August. My tax return still hasn’t been refunded and it’s been 21 days. I am worried they’re going to take all of my refund toward our previous tax debt and his current tax debt for 2024. Will they take all of my refund? Is there a way to prevent it? 

[DianeW777]

It depends on your situation. The IRS does have innocent spouse relief in certain situations.

• Guide to Filing Taxes Using Head of Household

Innocent spouse relief can relieve you from paying additional taxes if your spouse understated taxes due on your joint tax return and you didn't know about the errors. The link will provide more FAQs for you.

• Form 8857 - This is a signature form and can be filed alone.

Innocent spouse relief is only for taxes due on your spouse's income from employment or self-employment. You can't claim relief for taxes due on:

• Your own income
• Household employment taxes
• Individual Shared Responsibility payments
• Business taxes
• Trust fund recovery penalties for employment taxes
  • What is innocent spouse (as opposed to injured spouse)?

The resource that may be helpful may be the Taxpayer Advocate Service (TAS).  They are in place to assist in situations where you are unable to obtain resolution on your own.

1. You can click here to begin: TAS Qualifier Tool. or 
2. Submit a request for assistance - Form 911 Request for TAS Assistance (instructions are included)
3. Locate the local TAS Office for your area

This will get the process started for you.  It's not going to be a fast process because they are handling a large volume at this time.