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posted May 31, 2019 7:12:52 PM

Married 2016 - he's 100% disabled vet, tax exempt. We are divorcing in 2017. If we file joint and he owes back taxes, I will be liable?

Thinking Married but separate is safer overall, but Married/Joint, I get more back. He's turned out to not be that responsible, so I have no idea if he owes money or anything.

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1 Best answer
Expert Alumni
May 31, 2019 7:12:54 PM

Yes, if you file a joint return for 2016, your refund can be reduced for back taxes that your spouse owes. You can file Married Filing Separately to avoid that. You can, however, request an Injured Spouse Allocation instead, so that the refund that results from your withholding/payments is not offset even with a joint return.

To do that:

  • Go to the Federal Taxes tab, then choose Other Tax Situations .
  • Scroll down to the bottom of the page, and choose Miscellaneous Tax Forms.
  • Choose Report an injured or innocent spouse claim (see screenshot)
  • On the screen Innocent and Injured Spouse Relief, click continue, because you are not seeking Innocent Spouse relief.
  • Continue to the screen Let's See if You Qualify for Injured Spouse Relief, and answer the questions carefully.
  • On the screen Tell Us More About Your Situation, it’s important that you state that you are filing a joint return, that there is some debt of your spouse that may be reduce your refund (you can choose more than one) and that you are not liable for this debt.

  • Continue entering information from your return.

Form 8379, Injured Spouse Allocation, will be filed along with your tax return.

1 Replies
Expert Alumni
May 31, 2019 7:12:54 PM

Yes, if you file a joint return for 2016, your refund can be reduced for back taxes that your spouse owes. You can file Married Filing Separately to avoid that. You can, however, request an Injured Spouse Allocation instead, so that the refund that results from your withholding/payments is not offset even with a joint return.

To do that:

  • Go to the Federal Taxes tab, then choose Other Tax Situations .
  • Scroll down to the bottom of the page, and choose Miscellaneous Tax Forms.
  • Choose Report an injured or innocent spouse claim (see screenshot)
  • On the screen Innocent and Injured Spouse Relief, click continue, because you are not seeking Innocent Spouse relief.
  • Continue to the screen Let's See if You Qualify for Injured Spouse Relief, and answer the questions carefully.
  • On the screen Tell Us More About Your Situation, it’s important that you state that you are filing a joint return, that there is some debt of your spouse that may be reduce your refund (you can choose more than one) and that you are not liable for this debt.

  • Continue entering information from your return.

Form 8379, Injured Spouse Allocation, will be filed along with your tax return.