My husband has a few school loans that they have been taking his tax refund the last few years for. This past year we got married so now we'll be filing jointly. Can they still take the refund with both being on the refund? Or should we file married seperately so they can't take mine?
2007-01-15 09:42:43 · 8 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
Married filing jointly may give you a better refund. Filing separately has its drawbacks. There is another form you can attach to your return (8379 Injured Spouse) where it prevents the IRS from taking any of the refund that would be yours without loosing any of the MFJ benefits.
2007-01-15 10:20:48 · answer #1 · answered by lotsof? 1 · 1⤊ 0⤋
No they cannot. If, after they are married he still owes money to the IRS, they will take any income tax return he would otherwise have had coming even if some of that was hers. If that happens she will need to file and injured spouse form with the IRS.
2016-03-28 23:12:53 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You can file jointly and file an injured spouse form - that way they'll still take his share of any refund, but not your share.
2007-01-15 16:50:26 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
Why does't he just pay them off?
You can file an "injured spouse" form. That means the debt is not yours and you should not be punished by having your portion of the refund withheld. MFS is the worst filing status and should not be used unless absolutely necessary.
2007-01-15 09:51:13 · answer #4 · answered by Susan S 2 · 2⤊ 0⤋
Even if you file seperately, they may still take yours if your husband still owes the government money. You can be considered a single taxable entity.
Think about it, if your husband bought a lottery ticket and won a million dollars, you'd be legally entitled to half, right?
It works for debts, too!
2007-01-15 09:50:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
They can take your husbands portion of your taxes but not yours because you don't owe it. You have to file an injured spouse report on yourself so they won't take yours. Free estimate at the website below
2007-01-16 14:44:55 · answer #6 · answered by shaydzofluv 2 · 0⤊ 0⤋
File seperately. The IRS isn't going to decide what is your and what is his. If you are filing jointly everything is in one big pot and they will take it all.
2007-01-15 09:54:35 · answer #7 · answered by Jo 2 · 0⤊ 0⤋
Yes they can. I would file separately, which will cause you to pay more in taxes.
2007-01-15 09:50:31 · answer #8 · answered by ? 3 · 1⤊ 1⤋