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Bonedoc
New Member

If I file KY state return with the option of Filing Married separately on a combined returned, will my refund still be taken for my Wife's school debt?

My Wife has a student debt that will take my refund (she made very little income). for the federal form i have filed the injured spouse form and that takes care of my federal refund. For the State (KY) there is an option to file separately on a combined return. Will this prevent them from taking my refund or do I have to file two completely separate state returns.  

2 Replies
CynthiaR
New Member

If I file KY state return with the option of Filing Married separately on a combined returned, will my refund still be taken for my Wife's school debt?

You would need to file a separate Kentucky state return  This is copied from Kentucky's website:

Filing as an Injured Spouse on Your Federal Form 1040? Kentucky does not recognize the federal injured spouse form. Income tax refunds may be withheld by the department if you owe money to the Kentucky Department of Revenue, another state agency or the Internal Revenue Service. Kentucky law requires the offset of the entire refund if a joint return is filed. If spouses want to keep their tax liabilities and/or refunds separate, each must file a separate tax form. If you choose to file separately on a combined return, for agencies other than the Department of Revenue, the refund will be apportioned between spouses, based on each spouse’s income. The indebted spouse’s refund will then be paid to the appropriate agency

Bonedoc
New Member

If I file KY state return with the option of Filing Married separately on a combined returned, will my refund still be taken for my Wife's school debt?

So .... If I file separately on a combined returned my refund will not be taken. KY has the option to file separately on a combined return. Am I reading it correctly??
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