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carletello85
New Member

My return was kept. I filed a joint return I do not work but my spouse does. We filled out a injured spouse form. They kept my return for a private loan with Navient.

All my federal student loans are on deferment.
1 Reply
Critter
Level 15

My return was kept. I filed a joint return I do not work but my spouse does. We filled out a injured spouse form. They kept my return for a private loan with Navient.

"I do not work " ... that is your problem ... you are not entitled to any of the refund.

To be eligible for any of the refund you had to have income or pay withholding of some kind ... 

Look at your column of the 8379  and the instructions for part III  here : https://www.irs.gov/pub/irs-pdf/i8379.pdf

To properly determine the amount of tax owed and overpayment due to each spouse, an allocation must be made as if each spouse filed a separate tax return instead of a joint tax return. So, each spouse must allocate his or her separate wages, self-employment income and expenses (and self-employment tax), and credits such as education credits, to the spouse who would have shown the item(s) on his or her separate return. 

Other items that may not clearly belong to either spouse (for example, a penalty on early withdrawal of savings from a joint bank account) would be equally divided. 

If you live in a community property state, follow the instructions below to allocate your income, expenses, and credits. The IRS will apply your state's community property laws based on your allocation if you checked the “Yes” box on line 5b. 

The IRS will figure the amount of any refund due the injured spouse. 

If a deduction or credit would not be allowed had you filed a separate return, use the deduction or credit shown on your joint return and allocate that amount between you and your spouse. An example of a deduction that is generally not allowed on a separate return is the student loan interest deduction. Examples of credits not allowed on a separate return are the child and dependent care credit and the American opportunity credit. 

A similar rule applies to income and deductions (such as taxable social security benefits and the IRA deduction) that are subject to special limits on a separate return. Use the income and deductions shown on your joint return and allocate them between you and your spouse.

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