Your tax refund cannot be intercepted for the debts of a dependent claimed on your tax return.
thank you I'm just nervous I always am when filing taxes
This is false. The irs is planning to offset my taxes because of this
There is a form (injured spouse form) that u can file to keep your portion, if your spouse owes any debt that u aren't responsible for ....this will get you your portion of your refund back while taking the other portion to pay said debt. As far as dependants go I don't believe there is a form for that and I was unaware that they even did that unless you were married to the person that owes.
I have the same question. BUT, im the one that owes arrears. I have worked this year and i have been paying due to a wage attachment. My boyfriend and i both work but he made more and i was wondering if he claimed me as a dependent, if they would take his whole tax since my arrears are greater than what he will get back. also, people may comment that " people who dont pay the support are garbage" kindly shut up.
No, if someone claims you as a dependent and YOU owe arrears, their refund cannot be garnished for your arrears.
So they'll take whatever the person you're claiming portion instead of what you are getting back for yourself?
Huh? No. They won't take any of your refund if your dependent owes for something.
Thank you because unless you've walked in our shoes or know OUR stories YOU DO NOT know what it is like so KINDLY SHUT UP
PS. that's why child support has us $13 Billion in debt research it
Yes the irs can take your tax refund. They will only take the part for the dependant you filed. You will get portion.
Their portion want be taken. But the person who owes portion will be taken. Your information is false. Not every state is the same. Some take all the refund. An some take only that dependants portion.
Re: Your tax refund cannot be intercepted for the debts of a... My Ex wronged me n I owe him c.s. for my sons he took away. I have a son who is my dependent whom isn't my exes biological son. Why can’t I get a little back to use on him? Seems unfair. In Colorado, they seize my bank accounts, took my drivers license, and expect me to live making $4.00 an hour ($12.00 before 60% garnish), n it being A negative mark on my credit score... How in the hell am I to get on my feet with $32k debt with that crap holding me down? Tell me, can anyone survive on $4.00 an hour n not get any taxes back?
hey how did it go when you filed? did they garnish your return when your dependant owes child support?
@Ewa6565 wrote:
hey how did it go when you filed? did they garnish your return when your dependant owes child support?
Just to be clear on this issue....
If you are claiming someone on your tax return and they have some kind of tax debt or unpaid personal debt such as child support or student loan, the IRS will
NOT
seize your refund for the debts of a dependent claimed on your tax return.If the dependent files a tax return, the IRS
WILL
seize any refund on the dependent's tax return for the unpaid debt.
The other issue is when the debt is owed by a spouse and the tax return is being filed as Married Filing Jointly. If the spouse has an outstanding tax debt or personal debt of back child support or unpaid student loan, the IRS
WILL
seize the refund on the joint tax return. Unless the other spouse includes with the tax return a Form 8379, Injured Spouse Allocation to prevent the seizing of their portion of the joint tax refund.I have a question
I didn't work in 2020 and owe back child support, but my spouse did so when we file married joint and fill out the injured spouse form
What portion would the IRS keep for garnishment? Since I didn't make anything in 2020
@mpez0811 If you did not work, your Injured Spouse should get the full amount of any Refund.
Click this link for more info on Injured Spouse Refund Calculations.
Well what can I do because mine was actually taken and given to the person I claimed as a dependent because I fully took care of that person all year with no help. Ave gave the whole$8,000 to his baby momma for back child support
Mine was actually taken from last year's taxes so$8,000 of it
@DoninGA is correct, the dependent's debts should not impact the taxpayer's refund. If this person is listed as jointly owning your bank account, however, that may be different.
Only married persons are eligible for protection from the other spouse's debts: What is an innocent spouse and how does it differ from an injured spouse?
You could try getting a Taxpayer Advocate. Click the link for help getting a local taxpayer advocate. Contact the Taxpayer Advocate Service Online at: Taxpayer Advocate Service Contact Us.
For more ways to contact the IRS, see: IRS Let Us Help You.
For all related taxpayer advocate information, see: Topic No. 104 Taxpayer Advocate Service – Your Voice at the IRS.
For more information, see: Who Can Garnish an Income Tax Refund? - TurboTax Tax Tips & Videos
Just wondering if everything went smoothly when you filed. I’m having the same situation, Judy wondering what the outcome was..
@nayquan08 The last time anyone posted anything to this thread was months ago in April. You are unlikely to get a reply from the person who you thought you asked a question of, since they are probably not paying attention to this forum now, and since many people have posted here, they do not know who you were trying to ask the question of. If you have a question of your own, please post a complete and specific question so we know how to help.
Does it matter if you are married? My fiance and I will get married this month, and I owe child support. I will not work so he is the one filing taxes and claiming our 2 kids. If he also claims me they won't be able to take his taxes even though we're married?
Once you’re married, if you file a joint tax return, your joint refund can be applied to offset any child support debts you have. So, yes, the refund on your joint return could be taken to offset your debts.
And, if you each file with the Married Filing Separately filing status, there are a number of tax credits you wouldn’t be eligible for.
However, there’s something called an Injured Spouse claim that will probably benefit you as a couple, especially since you won’t be working.
For information, please see the TurboTax article What is IRS Form 8379: Injured Spouse Allocation - TurboTax Tax Tips & Videos.
Form 8379 entry information can be found at How do I file Form 8379, Injured Spouse Allocation?.
Also see Levying your state tax refund through the State Income Tax Levy Program (SITLP) in the IRS’ Federal and State Levy Programs page for more information on tax refund offset.