My current wife didn’t file for three years before we were married. Now that we file a joint return will the IRS keep all the refund or just part of it? Do I need to file an innocent spouse relief form? thanks
Tags: Before, Federal, from, keep, married, owes, refund, spouse, Taxes, they, were, years
I had this problem with my husband and yes, they will take away money from you as well, if you filed jointly. The only way to stop this is to file separately. I don’t know about an innocent spouse relief form or how that would work but I know for me there was little recourse for an irresponsible spouse.
BTW, i’m just stating my personal experience. I would consult a tax professional because you are only going to get know it all jerks on here. gl
the innocent spouse is exactly that
you apparently know about her past obligations therefore you are not an innocent spouse
more than likely you need to file separately until her tax arrears are fulfilled with her refunds, unless you want to get the matter cleared up now and let them take your jointly filed refund
it would be a wise thing to get those three years filed, it is very possible she doesn’t owe, but at least getting them filed will be to your favor
They’ll keep all of it unless you file and injured spouse form. An innocent spouse form is something different and isn’t what you need.
Gosh, I wish people who don’t know would stop answering these questions.
1. Innocent spouse is not the same as injured spouse. Injured spouse applies when your NEW spouse owes debts from before you got married. Innocent spouse is something different.
2. You don’t state which state you live in. If you live in one of 3 states (California, Idaho and Louisiana), the injured spouse form won’t make a difference since state law allows the IRS to collect anyway.
3. Even if you don’t live in one of those 3, community property laws would affect how the refund is allocated. If you don’t live in a community property state, your working/withholding make a difference.
PS, Boston, you are wrong when it comes to EIC. EIC is NOT split 50-50. EIC is a federal program so it’s NOT covered by CPS rules.
The EIC is allocated by looking up the EIC twice using the income of each spouse under married for the applicable number of children (it doesn’t matter who would be claiming them). If spouse A would have gotten $4000 and spouse B would have gotten $1000, then A gets 80% of what’s shown on the tax return for EIC (even if it’s just $50) and spouse B gets 20%. The only way each spouse gets half is if the lookups come up with the same value.
The form that you’d file is Form 8379, Injured Spouse Allocation. Innocent Spouse is something totally different and not applicable in this case.
Whether or not this will do you any good, and how much good, will depend upon your state’s laws. If you are in CA, ID or LA it won’t matter how you file since in those states even debts that predate the marriage become joint debts as soon as you say, “I do.” In other community property states the form gives you a 50-50 split on any refunds regardless of who earned the income or paid in the taxes. In non CP states the refund is proportional based upon your incomes and withholdings, but the EIC (if you qualify) is split 50-50 between you.
When facing this situation the only way to avoid any offset at all is to not have a refund coming. If you can manage your withholdings properly and end up at filing time with a small debt there’s nothing to offset. As long as you owe less than $1,000 when you file and can pay in full by the filing deadline there are no penalties for doing this.
Yes, you need to file for reliev or they will take your share of refund as well as hers to pay for her past debts. Might be a good thing to do, not to file injured spouse, as you are now married and this will hang over her until it is paid off. Affects her credit rating and ability to get mortgage.o
Yes, they will keep the entire refund. You can try innocent spouse, but I do not think it will fly. It might be better to file separate and/or just to pay the taxes. They need to be paid and refunds are a semi painless way. You can also raise your exemptions at work so you do not get a refund.
edit….if you wife did not file there is no liability. so no refund will be taken. get those returns prepared asap and see if there is a liability and if there is make arrangements to pay it. if there is yes the entire refund will be taken
You need to submit Form 8379 Injured spouse when you file this years tax return.
Now your wife, if she didn’t file then IRS did, she can always file her own tax returns, she can contact IRS for the w2 information and they will mail them to her, when she receives the w2 have her file her own tax return and submit to IRS, once IRS processes her tax return maybe she won;t owe as much. IRS filed for her as single or mfs and not exemption and only standard deduction, it is always better for tax payers to file their own tax return. IRS files for you at a higher tax rate.
good luck!