I married in 2010 but my wife has IRS debt. will her debt affect our refund?

I married in 2010. My wife had IRS debt before we married. If we file married filing jointly, can I submit an Injured spouse  form that will keep the IRS from taking our refund to pay off her debt to the IRS?
    Cancel
    Yes, you can file as Married Filing Joint and 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.

    To enter For Home & Business:
    - Personal tab (other versions Federal Taxes tab)
    - Other Tax Situations
    - Other Tax Forms
    - Miscellaneous Tax Forms, click Start

    OR, General for online:
    - Click on the Tools Icon
    - Select Topics & Forms
    - In the “I’m looking for: box, type 8379
    - On your highlighted choice, click on Go
    - Follow the interview to enter your information
    • I married in 2009..my husband owes from 2006, 2007 & 2008....He owes around $26,000 for those years that we make payments on.
       We OWED in 2009 and I didnt file an injured spoouse that year, I just paid the $900 we owed .

      I have entered preliminary info for 2010 and we dont owe this year...so i want to file the injured spouse so that we ...or I rather, might get SOMETHING back instead odf it going towards HIS money owed. We are making payments on it and yada yada...help? Bueler? Anyone?
    Cancel
    I have dept from past taxes can I use what I get back to pay
    • What is the guarantee that the injured spouse will get their portion back?  Sounds like they decide how much and if the injured gets the refund.  Also,  does it take 11 weeks to get the refund back?  Sounds to scarey to me.  I'm in the same boat and will prolly file MFS so that I know I get my money and I get it back in 10 days efiling.
    Cancel
    Contribute an answer

    People come to TurboTax AnswerXchange for help and answers—we want to let them know that we're here to listen and share our knowledge. We do that with the style and format of our responses. Here are five guidelines:

    1. Keep it conversational. When answering questions, write like you speak. Imagine you're explaining something to a trusted friend, using simple, everyday language. Avoid jargon and technical terms when possible. When no other word will do, explain technical terms in plain English.
    2. Be clear and state the answer right up front. Ask yourself what specific information the person really needs and then provide it. Stick to the topic and avoid unnecessary details. Break information down into a numbered or bulleted list and highlight the most important details in bold.
    3. Be concise. Aim for no more than two short sentences in a paragraph, and try to keep paragraphs to two lines. A wall of text can look intimidating and many won't read it, so break it up. It's okay to link to other resources for more details, but avoid giving answers that contain little more than a link.
    4. Be a good listener. When people post very general questions, take a second to try to understand what they're really looking for. Then, provide a response that guides them to the best possible outcome.
    5. Be encouraging and positive. Look for ways to eliminate uncertainty by anticipating people's concerns. Make it apparent that we really like helping them achieve positive outcomes.
    Cancel