My new husband owes back taxes and hasn't filed his 2014 return yet. Should I file married filing separately?
We live in Texas. I owned my home before we married. I have one dependent child.
We live in Texas. I owned my home before we married. I have one dependent child.
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:
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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:
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