I am newly married (less than a yr) and my hubby owes the IRS $$ because of an overpayment a few years ago. If we file together won't they claim the return for his debt? Is there a way to have tax forgiveness this time since we just found out about a mini audit. I thought I read somewhere that they wont claim the entire tax return since we haven't been married that long. Please only answer if you have experience with this or are a tax preparer. Thank You.
2007-01-18 04:07:35 · 4 answers · asked by Me! 2 in Business & Finance ➔ Taxes ➔ United States
Yes, if you file together, the refund will be used to offset back taxes owed.
There is no tax forgiveness for newlyweds, sorry. A lovely idea though.
If you file jointly and do not want the refund used to offset the debt, file Form 8379 Injured Spouse Claim and Allocation. This is a request that the part of the refund due to your income will not be used to offset his debt, but will be paid to you.
2007-01-18 04:16:19 · answer #1 · answered by ninasgramma 7 · 3⤊ 1⤋
They will take all of the refund to pay towards the debt.
Your options are:
1) File Separately. Your refund will be smaller but they will only take his and not yours.
2) File Jointly and you file as an "Injured Spouse". The IRS will allocate the joint refund between you and him. They will send you your portion and keep his. The return will have to be mailed in and it will take a while (12 weeks or so) to get your money but you will get it.
Or...you could just pay it off and move on with your lives and not have this hanging over you forever. Due to the interest charges, the sooner you pay it off, the less you will pay.
There is no such thing as "Tax Forgiveness".
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Thanks "Fool In The Rain". I had missed that very important part.
2007-01-18 04:19:23 · answer #2 · answered by Wayne Z 7 · 0⤊ 0⤋
Everything Wayne Z said was correct. But I did want to add something. Both of you have to have income for the Injured Spouse to work. Basically what the IRS does is give you a refund based on your income instead of both. If you don't have any income, you won't get a refund filing injured spouse.
2007-01-18 04:48:58 · answer #3 · answered by Fool in the Rain 6 · 0⤊ 0⤋
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