I'm filing form 8739 for injured spouse relief. How will this affect the marriage and/or child tax credit?

lizangel3810 · ‎June 7, 2019

My husband is being offset for student loans prior to us being married. Will lose all EIC and marriage credit because of his debt?

macuser_22 · ‎June 7, 2019

No. It has nothing to do with that, however, the 8739 only protects YOUR portion of any refund based on your earned income. (About the same as if you filed separately using only your own income.)

Also, if you live in a community property state then part of your refund is also his so that can take that also.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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macuser_22 · ‎June 7, 2019

No. It has nothing to do with that, however, the 8739 only protects YOUR portion of any refund based on your earned income. (About the same as if you filed separately using only your own income.)

Also, if you live in a community property state then part of your refund is also his so that can take that also.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

lizangel3810 · ‎June 7, 2019

Ok, thank you for the response.

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I'm filing form 8739 for injured spouse relief. How will this affect the marriage and/or child tax credit?