If you file married filing jointly and one spouse owes the IRS, is it taken out from both incomes?

Question

The spouse owes IRS from years ago before getting married.

Answer 1

IF you file jointly the IRS can keep the refund to pay off his debt,, However you can complete the Injured Spouse Claim to protect your portion of the refund
Fill in the form 8379 and submit with your return, this will delay processing of the refund

http://www.irs.gov/pub/irs-pdf/f8379.pdf

Answer 2

If you file jointly, any back taxes owed will be withheld from a current refund. This is true even if the original return was for only one of the spouses. In order to avoid this, file an Injured Spouse form (8379) with your return. (You can submit it later, but this way saves some time.) It's a complicated form, so complete it very carefully.

Another way to avoid having your part of the refund seized is to file separate returns. This will usually end up costing you more money, so consider it carefully before you do it. However, there are instances where it is appropriate even if it does result in more tax. For example, if you have reason to believe that your spouse is not including all his/her income, or is inflating his/her deductions. When you sign the return, you are signing under penalties of perjury that it is correct. This means that you are liable for the accuracy of everything in the return!

Finally, you can always file separate returns and then amend them to file jointly. However, you cannot amend a joint return to file separately.

Answer 3

Whether you file jointly or separatly, the IRS cannot take the owed back taxes from the second spouse. The IRS will send you a letter in the mail stating that X amount is being taken for back taxes and if you wish to claim the portion owed you instead of being used to pay, then you have to send in the form mailed with the letter. In which case the IRS will figure out what percentage of the refund (prior to claiming the back taxes) belongs to each party and then only take the portion from the party that owes the back taxes. It is the same for any debt owed the government and including past due child support.

Answer 4

You need to both have income first of all Then you can file an injured spouse form the taxes would be pro rated to protect your contribution

Answer 5

It will be unless you file an injured spouse form. Then if part of the refund is due to your income and withholding, you'd still get your share of the refund.

Answer 6

Very simple, you do not need to involved into something that even get more complicated for both of you. Just file as: Married filing separately. And your spouse needs to file an amended tax returns on her part. Because this year income taxes are in different situation than years ago. I.R.S do not taken out this returns to treat it as back tax own but still mistake can be make if your spouse do not file an amended tax return along with a letter of explaination to the I.R.S is why you filed as Married filing separately and amended.

Answer 7

If you file jointly, then yes I do believe it will be taken out of your lump sum. When you are legally wed, your debts and assets are joined. If you just got married this year (or were not married for six months total of last year) than that would not apply, but you couldn't file jointly married then for 06'. However, if you have a child and can claim the child tax credit this might help your dilema. Your total together with a child tax credit might come out with the two of you still recieving a refund. Just ask yourself what you would hope he would do if it were you, and remember you can always ask a tax prep for the best route when you go to file. Blessings!

Answer 8

my friend's uncle didn't pay his taxes for 10 years but his wife filed every year and paid hers. The irs finally caught up but since he is no longer working they are garnishing the wife's wages. They sat down with them and figured out what their minimum monthly expenses were and everything after that gets taken out of her paycheck. so even if you file seperately they can still take it out of your wages b/c you two are married.

Answer 9

It could...but you could try filing the innocent spouse form....but because your married...I doubt you'll get relief...the IRS will get there money.

Answer 10

My daughter every year , they dont take enough out on her at work , and every year she owes so her and her husband files together and they take hers and then her and her husband he gets his and splits his with her .