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can the wife demand half the return? and get it? or refuse to sign?

2007-04-02 05:29:54 · 3 answers · asked by debbie2243 7 in Business & Finance Taxes United States

3 answers

Are you talking about in a divorce?? If so, you can demand whatever you want. . . doesn't mean you'll get it.

In all fairness, the wife should demand her share of the return. If the wife earned 40% of the total earnings, then she should get 40% of the return IF both spouses had the same level of witholding on their W-4. But if the wife had a higher percentage of her wages witheld (ex: wife W-4 filed with 0 exemptions, husband's with 2) then that is certainly grounds to demand more than 40%, because it's likely that more of the return is hers.

If the wife did not work, then she should still demand the portion of the return that was obtained by claiming her as an exemption if claiming her reduced the amount of tax paid (that is, if it's worth fighting for).

You can refuse to sign if it's a paper return, but you are just as liable as your spouse when the return is not filed on-time. Also, if you file electronically, many times the "signature" is a pin number or information from a prior year's return. So the return CAN be filed without your physical signature.

2007-04-02 05:45:00 · answer #1 · answered by Shelley B 3 · 0 0

What transpires between you and your spouse as far as the refund is split is between you, If you refuse to sign, then the return doesn't get filed and no one gets the refund. The IRS will not get involved in the distribution of the refund, unless forgery becomes an issue

2007-04-02 05:36:54 · answer #2 · answered by Anonymous · 4 0

Hey if you really want to shoot yourselves in the foot, go ahead and file married filing separate. You will have your own individual tax return, but probably won't see any money, because you loose a lot of credits and deductions that way...

good luck

2007-04-02 05:40:36 · answer #3 · answered by Wood Smoke ~ Free2Bme! 6 · 0 0

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