Here's the problem, he used to be in the army and has an army type credit card that he never paid off, it has like a 3000 dollar balance on it, so for them to collect, he has allowed them to take his tax returns every year. Now, does this mean, since we are married, that they will take mine as well? Is there a way I can file separately from him or make sure they don't take mine?
2006-12-28 02:05:50 · 13 answers · asked by channy 2 in Business & Finance ➔ Taxes ➔ United States
You do NOT have to file separately! And you can protect and receive your share of any joint refund!
Use form 8379 (Injured Spouse Claim and Allocation) when you file your return. You will have to file this form every year when you file your return to prevent the creditors from getting your portion of the refund.
And file Married filing Jointly. Your taxes will be less and your refund, if there is one, will be larger. There are too many disadvantages to Married filing Separately. Just use the form 8379 and you will get your share.
2006-12-28 03:41:30 · answer #1 · answered by yamahaman 2 · 1⤊ 0⤋
Filing separately will protect your refund. But as a married couple the refund by filing jointly would be bigger than separate returns. Granted the government would take all of it but so what? It will need to be paid off anyway so why not save money and put it behind you. This is long term advice. You may prefer short term so you can go shopping now.
2006-12-28 02:54:31 · answer #2 · answered by spicertax 5 · 0⤊ 0⤋
I beleive you can file seperately. I think you can do a "married but filing seperate" however because you are married to him, they may just take your taxes too, since you guys are now a legal partnership according to the government...
I know in the case of back child support you can file an "injured spouse grievance", but I don't know if that is possible for you.
The best thing to do would be to pay off the debt and take control of your new husband's money and clean up his credit so you guys can eventually get established and buy a house or something.
2006-12-28 02:11:53 · answer #3 · answered by badneighborvt 3 · 0⤊ 0⤋
If you file jointly, then there can not be any separation of the refund. You can simply increase the number of dependents on your W-4, so that you get a higher weekily income, (lower taxes withheld), so that you dont qualify for a refund.
More importantly, since you are now married, why not merely allow the refund to go to the creditor, so that you can put this debt behind you, and move on to building a life together, and a good credit rating for both of you?
2006-12-28 02:11:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Go with the injured spouse thing. But one of the previous posters is incorrect. You MUST file either Married Filing Jointly or Married Filing Single. You if are married on Dec 31, you are considered married for the whole year.
2006-12-28 14:05:11 · answer #5 · answered by kgbbsc7 2 · 0⤊ 0⤋
You could file separately, however filing separately will most likely mean that both you and him will pay more taxes in the end. Generally it is more beneficial to file jointly than separately.
2006-12-28 02:28:20 · answer #6 · answered by jseah114 6 · 0⤊ 0⤋
You could file Married filing Separately.
2006-12-28 02:09:15 · answer #7 · answered by bzqqsq 3 · 0⤊ 1⤋
Listen to yamahaman. He's right that you can protect your share of the refund, but still file joint. Filing separately is allowed, but will almost surely cost you money in extra taxes.
2006-12-28 10:27:48 · answer #8 · answered by Judy 7 · 0⤊ 0⤋
When did you get married? If you have not been married for most of the year you can actually still file as single. I was married in October so I was only married for 3 months of that year and I was told to file as single that year.
2006-12-28 02:16:10 · answer #9 · answered by A3Mama 2 · 0⤊ 1⤋
Just file separately. That's what my parents do.
2006-12-28 02:16:15 · answer #10 · answered by Anonymous · 0⤊ 0⤋