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emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2187
Experience:  IRS licensed Enrolled Agent and tax instructor
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I have a couple that file jointly last year and one of them

Customer Question

I have a couple that file jointly last year and one of them had a balance with the IRS and now the new wife is paying. Question if they file MFJ how the spouse get her share of refund? If they file separate is the spouse that dos not have debt with the IRS has to ad any additional form ? Thanks
Submitted: 6 months ago.
Category: Tax
Expert:  emc011075 replied 6 months ago.
Hi. My name is ***** ***** I will be happy to help you. You have couple of options here. You can file MFJ and injured spouse form but they will be waiting for a refund for quiet some time. There's no guarantee that the spouse receives 1/2 of the refund but she will receive at least as much as if she filed single. Or you can file MFS but certain credits may be disallowed. In that case spouse receives her own income will not be liable for husbands debt.You will have to try it both ways and which way will make more sense. If their income is about the same and there are not dependents or credit, MFS will not make much difference. But if one of them make significantly more or their income is in the EITC range, that MFJ would be preferable.
Expert:  emc011075 replied 6 months ago.
I see you offline now. So if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. You find the rating bar on the top of the page – 5 stars. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.