Will the IRS withhold all/part of my refund for taxes owed by my ex-husband after I've filed an innocent spouse claim?

[Opus 17]

There's no way to know without knowing your intimate details, but the IRS almost always keeps something for the spouse's debts.  

Edited: I was thinking of "injured spouse"; the customer asked about "innocent spouse" so I have replied in more detail below. 

[Opus 17]

An innocent spouse claim is when you are being held responsible for a debt caused by a joint tax return with your former spouse.  An innocent spouse claim can only be filed after a divorce.  

The problem is, when you file a joint return with your spouse, you are signing your name that all the facts are correct and you are both legally and equally responsible for the return. It's called "joint and several liability."  If there is a tax debt, and you have more money than your ex, the IRS can collect 100% of the debt from you no questions asked.

Filing the innocent spouse forms means you are asking the IRS to not hold you responsible for your spouse's actions.  You generally have to argue that your spouse deceived you or concealed information from you, and therefore you are not responsible even though you signed a joint return.  Or, you can ask for "equitable relief", which means you are asking the IRS to only hold you responsible for part of the debt for reasons of equity or fairness.

The bottom line is there is no guarantee the IRS will honor the claim at all.  It depends on the particular facts and circumstances.   If they don't accept your argument you could still be on the hook for 100% of the debt.  You will just have to wait and see what they say.  You may have the right to appeal, and if the amount is significant you may want legal representation. 

[ladychristian3]

Thank you for your response to my question. I have not filed my 2019 taxes yet because I am due a refund, and concerned that the IRS will withhold all/part of it to offset the debt he owes. I filed an innocent spouse claim in March in hopes to have his tax debt detached from my name. On the IRS's website, they encourage you to file your taxes if you've filed an innocent spouse claim and state they will not withhold any of your refund, but to be honest, I don't really trust the IRS and wondered if this was really true.

[TomD8]

Be sure you understand the difference between Injured Spouse and Innocent Spouse.  They are two separate things which require two different tax forms.  See this:  https://ttlc.intuit.com/community/tax-relief/help/what-is-an-innocent-spouse-and-how-does-it-differ-...

[Opus 17]

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@ladychristian3 wrote:

Thank you for your response to my question. I have not filed my 2019 taxes yet because I am due a refund, and concerned that the IRS will withhold all/part of it to offset the debt he owes. I filed an innocent spouse claim in March in hopes to have his tax debt detached from my name. On the IRS's website, they encourage you to file your taxes if you've filed an innocent spouse claim and state they will not withhold any of your refund, but to be honest, I don't really trust the IRS and wondered if this was really true.

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I haven't looked for that specific page, but if the IRS says they won't hold back a refund while your claim is being considered, they probably mean it.  The problem is that, depending on when you mailed the form, it might still be in a pile of unopened mail, since many IRS service centers were closed for the coronavirus and are only starting to open up now.  So if you e-filed a tax return, it's possible it might actually be processed before the innocent spouse form.  There's no way to really know.  You might want to delay filing your tax return, but I can't really say for sure one way or the other.  

[ladychristian3]

I actually sent my claim by certified mail, and have received a response back from the IRS that it is under review. Since they have responded to my innocent spouse claim, do you think it would be safe to file my taxes now?

[Opus 17]

In that case it should be safe to file and claim your refund for this year.  

[ladychristian3]

Okay, thank you for your help with this!