Today TaxMama hears from Whitney in Oregon who tells us: “I have defaulted on my student loans.
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Last year they seized our tax refunds. We filed an injured spouse form and got my husband’s refund back – six months later. I am trying to keep that from happening this year. If I file married, but separate returns will we be able to keep his tax refund?”
Dear Whitney,
Sure, you could do that and IRS won’t touch your husband’s refund.
But won’t your taxes be higher if you do?
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If not, sure, go for it!
If your taxes end up being higher when you file separately, consider filing a joint return. Include the Injured Spouse form, Form 8379 WITH your tax return – instead of when you get the notice.
https://www.irs.gov/pub/irs-pdf/f8379.pdf
Consider filing a paper tax return instead of electronic. And include a copy of last year’s IRS letter that accepted your husband’s injured spouse status – with a note that IRS already looked into this – and that this is the same issue.
Or file electronically and use Form 8453 to transmit the paper documents to IRS.
That way, even though it’s apt to slow the refund down a little, you will get his whole share of the refund – a lot sooner than 6 months from now.
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And go straighten out your student loan issue so they stop doing this all.
And remember, you can find answers to all kinds of questions about injured spouses and other tax issues, free. Where? Where else? At TaxMama.com
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- IRS Form 8379 :: Injured Spouse
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