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jyoun26
New Member

My husband owes back taxes for years before we were married. We file jointly. Can I file an injured spouse form to prevent losing our refund to his back taxes?

 
3 Replies
JohnH2
New Member

My husband owes back taxes for years before we were married. We file jointly. Can I file an injured spouse form to prevent losing our refund to his back taxes?

Yes, you can.  There are three reasons why this is beneficial for you: (1) Your Married Filing Joint return will produce a lower tax liability, generally, than two Married Filing Separately returns.  A lower tax liability will mean a greater tax refund.  (2)  Your injured/innocent spouse claim will give the IRS sufficient information to split the refund between the two contributing spouses.  This claim will protect the non-debtor’s refund from garnishment to pay the debts of the debtor spouse.  (3) When the debtor spouse’s refund is garnished, the refund amount is higher and the debt is paid off quicker.

lzcambre
New Member

My husband owes back taxes for years before we were married. We file jointly. Can I file an injured spouse form to prevent losing our refund to his back taxes?

Can Turbo help me file this claim? If not , can you tell me where and how to file this claim?  IRS has taken all of our refunds since we've been married but I'm willing to start with 2019 to end this payment I don't owe. Please help me.

xmasbaby0
Level 15

My husband owes back taxes for years before we were married. We file jointly. Can I file an injured spouse form to prevent losing our refund to his back taxes?

INJURED SPOUSE

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

 

Are you in a community property state?  If so, it gets trickier.

 

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

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
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