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New Member
posted Jun 7, 2019 4:31:32 PM

I'm filing form 8739 for injured spouse relief. How will this affect the marriage and/or child tax credit?

My husband is being offset for student loans prior to us being married. Will lose all EIC and marriage credit because of his debt?

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Level 15
Jun 7, 2019 4:31:34 PM

No.  It has nothing to do with that, however, the 8739 only protects YOUR portion of any refund based on your earned income.   (About the same as if you filed separately using only your own income.)

Also, if you live in a community property state then part of your refund is also his so that can take that also.

2 Replies
Level 15
Jun 7, 2019 4:31:34 PM

No.  It has nothing to do with that, however, the 8739 only protects YOUR portion of any refund based on your earned income.   (About the same as if you filed separately using only your own income.)

Also, if you live in a community property state then part of your refund is also his so that can take that also.

New Member
Jun 7, 2019 4:31:35 PM

Ok, thank you for the response.