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ashleyramirez3
New Member

I filed an injured spouse fine with my tax return and they still ended up taking it for unpaid debt

I filed an injured spouse form with my tax return and they still ended up taking it for my husband’s unpaid debt what am I supposed to do
5 Replies
Opus 17
Level 15

I filed an injured spouse fine with my tax return and they still ended up taking it for unpaid debt

For which tax year? If this was for 2018 or earlier, there is nothing more you can do.

 

Going forward into 2020, you could file separate returns next year. If you file as married filing separately, only your spouses tax refund would be considered for his prior debt.  However, many credits and deductions are disallowed when married filing separately, so you may end up getting a smaller refund or owing tax.

 

Going forward into 2020, you could also arrange your withholding so that you got more money in your paychecks and got a smaller or no refund at the end of the year.

 

for 2019, the situation is a little unusual. You can’t change to “married filing separately” returns after you have filed a joint return if it is after the tax deadline.  But since the tax deadline has been extended, this raises the possibility that you might might be able to file amended tax returns using the married filing separately status. You would get your refund paid. However, your spouse would have to pay back part of the original refund, even though it was offset and never received by you.  You might end up more out-of-pocket then before, and the difference would go to the IRS for taxes, not to the creditor for the debt.  So consider carefully.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
ashleyramirez3
New Member

I filed an injured spouse fine with my tax return and they still ended up taking it for unpaid debt

It was for this year. I filed and injured spouse form at the same time as my tax return when I spoke to someone yesterday they said they just processed my injured spouse for on 4/24/20 but on my transcript it said all the tax refund was sent to non irs debt. I have 5 kids and I don’t want to file separate because then I don’t much at all

Opus 17
Level 15

I filed an injured spouse fine with my tax return and they still ended up taking it for unpaid debt

Then there is not much else you can do for 2019. Consider adjusting your withholding for 2020, or, get your spouse to pay his back debts.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
ashleyramirez3
New Member

I filed an injured spouse fine with my tax return and they still ended up taking it for unpaid debt

Well the funny thing is they took $1000 more then what he even owes and I confirmed that with the agency the debt went to.

Opus 17
Level 15

I filed an injured spouse fine with my tax return and they still ended up taking it for unpaid debt

In that case it should eventually be returned.  The offset program is run by a different branch of the treasury department. Here is their   https://www.fiscal.treasury.gov/TOP/

You can contact them if they took more than the debt, although you may not get much service until after the coronavirus shut down is over.

 

Or, if the money is eventually paid to the agency that requested the enforcement, then they should be able to return it to you.  

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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