turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
turbotax icon
turbotax icon
turbotax icon
turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

My husband is filing married jointly. Who is legally entitled to tax money? We have 3 children. Lived together all of 2017

 
Connect with an expert
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Best answer

Accepted Solutions

My husband is filing married jointly. Who is legally entitled to tax money? We have 3 children. Lived together all of 2017

There is no "legal" thing about it ... if you are filing a joint return with him (then you are both filing a joint return )   the refund belongs to both of you in the eyes of the IRS the same as if you had a balance due ... the IRS considers you both equally liable for the entire balance.

You will need to work it out between yourselves as to who gets what or get a divorce attorney and fight it out in court.

View solution in original post

4 Replies

My husband is filing married jointly. Who is legally entitled to tax money? We have 3 children. Lived together all of 2017

There is no "legal" thing about it ... if you are filing a joint return with him (then you are both filing a joint return )   the refund belongs to both of you in the eyes of the IRS the same as if you had a balance due ... the IRS considers you both equally liable for the entire balance.

You will need to work it out between yourselves as to who gets what or get a divorce attorney and fight it out in court.

Hal_Al
Level 15

My husband is filing married jointly. Who is legally entitled to tax money? We have 3 children. Lived together all of 2017

Critter#2's answer is correct.
That said, there are accepted ways of allocating the refund (and that's what divorce lawyers do). None of the ways are really simple. But, one simple way is by income. If your husband has 75% of the income; then he gets 75% of the refund.
Where the IRS has an offset claim against one spouse (back taxes, unpaid student loans or child support) they actually have a form to allocate the refund <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f8379.pdf">https://www.irs.gov/pub/irs-pdf/f8379.pdf</a>

My husband is filing married jointly. Who is legally entitled to tax money? We have 3 children. Lived together all of 2017

@Hal_Al   ... do we know why the form 8888 to split the refund is not in the program this year ?   It is functional in my professional tax program so I know it still exists.
Hal_Al
Level 15

My husband is filing married jointly. Who is legally entitled to tax money? We have 3 children. Lived together all of 2017

I'm not familiar with that form
Manage cookies