Is the offset the IRS keeps different depending on which state you live in or are all states the same?
2007-04-04 07:08:43 · 2 answers · asked by Martie 1 in Business & Finance ➔ Taxes ➔ United States
If you live in a community property state, state law will dictate how the refund is divided. Generally the injured spouse would be entitled to half of the refund without regard to their share of income and taxes withheld form their pay. If the injured spouse had the lesser income this would benefit them. If they had the majority of the income it would hurt them.
In all other states the injured spouse receives their proportional share based upon how much tax they had paid in over the year.
2007-04-04 07:19:32 · answer #1 · answered by Bostonian In MO 7 · 2⤊ 1⤋
The US Treasury offset is determined by what Federal debt is owed - that includes Child Support and Student Loans.
The Injured Spouse Form is a Federal Form and I am not aware if there are different rules from State to State..I just noticed NY has an injured spouse worksheet...
To find out the exact amount of what you or your spouse is having collected whoever owes needs to call: US Treasury Offset Division -
Toll Free: (800) 304-3107
TDD number: (866) 297-0517
It will no longer be a mystery
good luck
2007-04-04 07:16:25 · answer #2 · answered by Wood Smoke ~ Free2Bme! 6 · 0⤊ 0⤋