Problems with filing married

[Firecrackersgoboom]

I got married last in 2022. My husband has a federal debt that we are paying on. My question is, if I put his information in, will MY tax return get taken to pay on his debt?

[xmasbaby0]

If you file a joint return then your refund can be seized for your spouse's back taxes.   You can try filing as an injured spouse to protect your portion of the refund.  If you are in a community property state it gets pretty tricky. 

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

INJURED SPOUSE

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

Another option is to file married filing separately, but that brings its own disadvantages.

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,900 (+$1400 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

[Holly W]

Hello @Firecrackersgoboom 

Thank you for joining us today, we are so happy you are here!

Great question.  There a few different options here.  I'm not sure if the Federal debt was obtained by your husband before you got married or not, but if so, here are your options.

• File Married Filing Separate vs. Married Filing Joint:  If you file separate, and are due a refund, they will not intercept your refund.
• Injured Spouse Form 8379
• Innocent Spouse Form 8857

Please pick on the blue writing to see more information about those forms.  
I hope this answers you question.  Please let me know if you have further questions!

[KarlaM3]

Hello Firecrackersgoboom! 

Congratulations on getting married in 2022! 

Since you are married as of 12/31/22, you will need to file either jointly or married filing separately with your spouse.  In short, yes, if receiving a refund on a joint return, it can be used to pay toward a federal debt.  However if you are expecting any refund to be used to pay pre-marriage debt for your spouse, then you can file what is called Injured spouse on your joint tax return.  You would complete and file the  IRS Form 8379 along with your joint tax return.  The Injured spouse allocation will request the IRS to allocate the part of the refund that is due to the taxpayer that is not legally obligated to pay this past due amount to be refunded instead of used to pay this past due debt.  

Here is a link on how to file Form 8379, Injured Spouse Allocation and what the requirements are -

ttlc.intuit.com/turbotax-support/en-us/help-article/spouse-partner/file-form-8379-injured-spouse-allocation/L3KVDvR02_US_en_US.