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Returning Member
posted Feb 16, 2020 4:27:50 PM

How much will my refund be after I file the injured spouse form

My husband got married in early 2019 and we are going to file taxes together for the first time. However my husband received a 1099 which means he will have to pay taxes from our refund. I know that I can file an injured spouse form but I'm not sure exactly how it works. How will I know how much my refund will be since filing the form I will not be responsible for the taxes he owes. 

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3 Replies
Employee Tax Expert
Feb 16, 2020 4:44:55 PM

From what you have said, it does not appear your situation qualifies for Injured Spouse.  Form 8379 lets the "injured spouse" get back their portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt.  What you have indicated is not that there is past due debt that any refund will be offset for, but that he will simply have taxes due.

 

Unfortunately, there is no way around this since you are jointly liable for any balance due as spouses.

 

Returning Member
Feb 16, 2020 5:05:32 PM

What if he owed taxes last year? Or didn't file taxes last year? Would I need to file the injured spouse form for this? Or am I not liable since we were not married last year?

 

Also what if he doesn't file taxes this year. Will I be responsible for the taxes he owed this year when I file my 2020 taxes?

Employee Tax Expert
Feb 16, 2020 5:33:14 PM

I would start off by calling the Federal Offset Hotline to see if there is any past due debt in the first place that could offset any refund.  

 

The IRS and State Governments have the ability to offset a refund to pay for certain past due debts.  You generally will receive a letter stating what the offset was for.  

 

The IRS provides a toll-free number, (800) 304-3107, to call for information about tax offsets.

 

Then you can determine if an injured spouse form needs to be filed.

 

Here is more information about Injured Spouse:

 

Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund 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. In the search box, enter injured spouse and then select the Jump to link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.

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.

 

This article will guide you through the process.