My new husband owes back taxes and hasn't filed his 2014 return yet. Should I file married filing separately?

[T-Mendoza]

We live in Texas.  I owned my home before we married.  I have one dependent child.

[bluedeb · Accepted solution]

A refund on a joint return can be taken for the debt of a spouse.

You can still file a joint return which is usually the better filing method & include the Injured Spouse form (8379). Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment was (or is expected to be) applied (offset) to a past-due obligation of the other spouse. By filing Form 8379, the injured spouse may be able to get back his or her share of the joint refund.  If you include the Injured Spouse Form with your return it can take the IRS 11 to 14 weeks to process your return.

- Federal Taxes  (Personal for Home & Business)

- Other Tax Situations

- Other Tax Forms

- Miscellaneous Tax Forms, click Start

- Report an injured or innocent spouse claim

- Click Start

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Or:

In TurboTax, jump to the injured spouse entry area:

1. In the TurboTax search box, enter injured spouse and press Enter,
   Then click the Jump to injured spouse link.
2. On the Innocent or Injured Spouse screen, answer Yes.
3. On the Innocent and Injured Spouse Relief screen, leave the years for innocent spouse boxes empty and click Continue..
4. On the following screens, answer the interviews for injured spouse information.

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 If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.), the injured spouse relief may be different than in other states, see the following under Community Property Laws Disregarded:

http://www.irs.gov/publications/p555/ar02.html#d0e928

[T-Mendoza]

Ok.  Thank you for your help!!

[bluedeb]

Your welcome!

[gitrpicr]

Your husband should file his 2014 taxes as soon as possible.  Assuming  you were married in 2015, you should file jointly for 2015. 

[T-Mendoza]

Thank you gitrpicr.  He does plan to file the 2014 at the same time he files his 2015 return.  We married in June of 2015.  Will filing jointly affect the amount of my return?  Will that money go towards his debt?

[bluedeb]

He might want to file his 2014 taxes first, let it get fully processed before you file a joint 2015 return.  If he is due a refund for 2014 then the IRS will take the 2014 refund which would then lower the amount he owes in 2015, if the refund is not enough to cover the taxes owed.