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New Member
posted Jan 23, 2020 9:33:05 AM

Say I owe debt from years ago and I'm married but not working can they still take my husbands return or can we file joint with non obligated spouse?

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1 Best answer
Level 15
Jan 23, 2020 9:43:10 AM

When you file as Married Filing Joint they can take your full refund for past debts.  You can still file as Joint & include the Injured Spouse Form (8379).

 

Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt. You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks.

 

To file this form in TurboTax:

  1. Open or continue your return.
  2. In the search box, enter injured spouse and then select the Jump to link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.

1 Replies
Level 15
Jan 23, 2020 9:43:10 AM

When you file as Married Filing Joint they can take your full refund for past debts.  You can still file as Joint & include the Injured Spouse Form (8379).

 

Form 8379 lets you (the "injured spouse") get back your portion of a jointly-filed refund if it's seized or offset to pay your spouse's debt. You must file jointly to use this form. Filing an 8379 will delay your federal refund by up to 14 weeks.

 

To file this form in TurboTax:

  1. Open or continue your return.
  2. In the search box, enter injured spouse and then select the Jump to link in the search results.
  3. Answer Yes to Do you want to claim innocent or injured spouse relief? and carefully follow the onscreen instructions.