Injured Spouse.

I got married April 2011. My husband has student loans that are taken from his taxes. Do I file Injured Spouse (filing jointly) and still get my earned income credit? Can I still do the rapid return?
    First the easy answer.  While you can e-file your return, Turbotax does not offer rapid refund loans, although you can still have your check electronically deposited.

    You can file injured spouse, and it should protect the amount of refund that would be due you if your portion of your joint income was allocated to a separate return.  However, any EITC would still be based on your combined income.

    You need to insure that if you file a joint return, you include Form 8379 to claim injured spouse relief. This will prevent the "injured" spouse's share of the refund from being offset by the debt. Turbotax supports this form.
    Where in Turbotax

    Injured spouse (Form 8379) is included under the Federal Taxes tab.  Look at under the federal review for other tax situations.
    Future Years

    For future years, there are several other solutions. These would include:

    1. File separate returns. This is generally not a good solution because it will result in additional taxes.
    2. Adjust your withholding so there is no refund. Without a refund, there is nothing to offset.
    3. Pay the past due amounts.

    See the IRS's Q & A on injured spouse here.,,id=109283,00.html
    Community Property States

    You don't mention where you live.  As an additional comment, the rules are sometimes different if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.)  In those states, even with injured spouse relief, the relief may not be as complete as it would be in other states.  If you live in one of those states, see IRS Publication 555 for a more complete discussion of injured spouse in a community property state.  It can be found at
      When you file the Injured Spouse form it will take longer for your return to be processed.  From the IRS:

      Time Needed To Process Form 8379
      Generally, if you file Form 8379 with a joint return on paper, the time needed to process it is about 14 weeks (11 weeks if filed electronically). If you file Form 8379 by itself after a joint return has been processed, the time needed is about 8 weeks.
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