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Level 1
posted Jan 26, 2022 7:13:37 AM

Form to file with being married but Husband's refund is taken

My husband's refund gets taken every year due to some penalties for the past (student loans/child support). We've recently been married and last year we filed separately to avoid my return being taken, as well. We do have to children together so we did not qualify for the tax credit last year and couldn't claim daycare costs. Is there a way/form to file where we can file joint but not have my refund taken due to his being taken??

0 2 471
2 Replies
Level 15
Jan 26, 2022 7:17:19 AM

You can file as Married Filing Jointly and use IRS Form 8379, Injured Spouse Allocation so that your portion of the federal tax refund will not be seized for the debts of your spouse.  This will Not prevent your spouse's portion of the federal tax refund from being seized.

 

See this TurboTax support FAQ for the Form 8379 - https://ttlc.intuit.com/community/accessing/help/how-do-i-file-form-8379-injured-spouse-allocation/00/26228

Level 1
Jan 26, 2022 7:25:36 AM

Thank you so much! I thought there had to be a way. It's more of the child credits that we missed out on that I am hoping we are still eligible for.