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tinasbeau
New Member

My wife owes back taxes so if we file jointly can they take my refund?

 
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1 Reply
Phillip1
New Member

My wife owes back taxes so if we file jointly can they take my refund?

Yes. If you file a joint return without including a injured spouse claim, the IRS can take all of your refund to cover the back taxes.

However, if you file a injured spouse claim for you with your joint return, the IRS can separate the attributes of your joint return and preserve your portion of the refund. The downside to filing an injured spouse claim is that it may take several weeks (possibly 20 or more weeks) for the IRS to fully process your return and give you your refund.

 Follow this path in TurboTax to find the injured spouse section:

  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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