Have a Tax Question? Ask a Tax Expert
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.
Your husband can apply for relief through form 8379 which is the injured spouse relief form
This will allocate the portion of the refund attributed to his payments
It may not work out to be exactly half - it's calculated based on what was withheld or made through estimated payments by him.
I showed no income this past year.
Then, the entire refund could be attributed to him.
He can fill out form 8379 and file it with the IRS and they will process this
We actually filed 2007, 2008, 2009, 2010, 2011, 2012. It was the 2012 which was used to offset so far because it was done electronically. What should we do about the other years. I realize we lost 2007 refund but did file 2008 in time to get the refund.
You only file the form for the tax year that the refund was taken from
Will the other years be taken also?
I don't know because I don't know how big your debt is
It's possible that they could
In that case he can file that form for each year
How do we avoid this In the future?
You file form 8379 along with your tax return
and the IRS will process that and won't even send your refund to your creditor
Is there anything else that I can assist you with today?
I have provided a link to the injured spouse information above. Let me know if you have any further questions.
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