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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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I got my tax refund. It has my name and my husbands name on

Customer Question

I got my tax refund. It has my name and my husbands name on check. I am no longer with my husband and he is not around. I have my own account and the bank will not cash my check. He does not file taxes, so the money is from my taxes.
Submitted: 3 years ago.
Category: Tax
Expert:  Jax Tax replied 3 years ago.

Jax Tax : When you say that your husband does not file his taxes so the return you filed was a single return?
Customer :

No I filed married because That is what my W2 was. But he does not work.

Jax Tax :

Did you file married joint or separate? You stated that your husband is not around. What was the last date that the two of you resided together?

Jax Tax :

Also, I need to know if you filed an extension to file? Did he sign the tax return?

Customer :

I filed married separate. The last date we were together was Oct. 15,2011. No I dfid not file for an extension

Jax Tax :

What State did your address on the return indicate on page 1?

Customer :

NJ

Jax Tax :

Ok, you have three choices

Jax Tax :

1. Have your husband sign the return and provide you with a copy of his ID.

Jax Tax :

2. Try a check cashing office.

Jax Tax :

3. Call 800–829–1954 and tell them the issue. They will re issue the check.

Jax Tax :

What you are dealing with is bank policy. Not all banks have this, but most do to prevent domestic issues. If deposited they require both people to be on the account. If cashed, they require both to be present to present ID. This is the general policy that most banks have adopted. Like I said, a check cashing business may not have this policy.

Jax Tax :

In the end, the IRS did make a mistake, and they will correct it. So, if you have no other option, call the number above.

Jax Tax :

I side note: In future years if you if you do not reside with your spouse, you can file single. You do not have to be divorced to do so as long as you live apart the last 6 months of the year. This should prevent future problems and benefit the both of you in regards to taxes. If I have helped, please accept so that I receive credit. Also, feel free to comment on my service. Good luck and have a nice day. If you have further questions, please let me know.

Customer :

Thank you so much

Jax Tax :

Your welcome.

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