If I file jointly with spouse who owes back taxes, do they automatically take anything in entitled too?

[bgaona78]

I meant “I’m “

[Hollyberry]

By choosing “other tax situations” when filing your federal taxes, then choose “innocent spouse or injured spouse” option. You would be the injured spouse. This year’s forms are a little trickier. I had to go through it a couple of times to figure out how to get past the “innocent spouse” form. It first brings you the the innocent spouse question, just scroll down and hit the big blue “continue” button until it comes to the injured spouse question. There you will have the opportunity to tell TurboTax what amount you, the injured spouse, earned. If it was all of the amount, you will not be punished as long as your spouse owes the past debts. 

[xmasbaby0]

You can file a joint return and file as injured spouse.  If you are in a community property state it gets tricky.

INJURED SPOUSE

https://ttlc.intuit.com/questions/1910698-how-do-i-file-form-8379-injured-spouse-allocation

Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI

[AmyC · Accepted solution]

You do want to file the injured spouse form with your tax return. If you file your taxes without the form, you can mail it in later separately. The problem with the injured spouse form is how long it takes to process, up to 14 weeks. When you fill out the form you will put in how much each of you made, children you claim separately, etc. The IRS will then divide up the refund so the Injured Spouse gets their refund.

Please follow the FAQ on filing the Injured Spouse form.

@xmasbaby0 just posted a good comment about community property states being a bit tricky.