My spouse owes tax for a previous year. We just got married. I am not responsible for his tax liability. How do I tell the IRS this and get my refund if we file jointly?
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My spouse owes tax for a previous year. We just got married. I am not responsible for his tax liability. How do I tell the IRS this and get my refund if we file jointly?

 
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My spouse owes tax for a previous year. We just got married. I am not responsible for his tax liability. How do I tell the IRS this and get my refund if we file jointly?

You file an injured spouse claim with your joint tax return. This allows the IRS to separate different items in your return and preserve your portion of the joint tax refund.

TurboTax will walk you through this. Follow this path in the program, and click on the "Learn More" links whenever you have questions or concerns:

  1. Go to the Federal Taxes category.
  2. Go to the Other Tax Situations subcategory
  3. On the screen labeled Other Tax Situations, find the section labeled Other Tax Forms.
  4. Click start or update on Miscellaneous Tax Forms.
  5. Click start or update on Report and Innocent or Injured Spouse Claim.
  6. Answer yes on the next screen.
  7. Hit continue on the screen with the series of years, and the subsequent screen with the form.
  8. Choose an applicable state or somewhere else and hit continue.
  9. Choose the following options:
    1. I filed (or will file) a joint return
    2. All or part of our refund will be applied to a federal tax bill, child support, federal nontax debt, or a state income tax bill.
    3. I am not required to pay the past due debt and hit continue
  10. Answer the withholding question on the next screen.
  11. Yes, you want to claim with the return
  12. Enter your information.
  13. Choose the injured (non-owing spouse).
  14. Continue with the remaining screens.
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