How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lev Your Own Question
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28082
Experience:  Taxes, Immigration, Labor Relations
870116
Type Your Tax Question Here...
Lev is online now
A new question is answered every 9 seconds

Filing spouse in the state of California. Husband

Customer Question

Filing for injured spouse in the state of California. Husband owes on student loans and our refund was used to pay it back.
JA: Thanks. Can you give me any more details about your issue?
Customer: We have been married for 10 years. I was unaware of his student loan issue. We were to get money back from fed. But it was used to pay his loan. We received state money refund. So I want to know, can I file injured spouse and get my portion back? We both have jobs. I am a teacher and he was an independent contractor.
JA: OK got it. Last thing — Tax Professionals generally expect a deposit of about $32 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Tax
Expert:  Lev replied 7 months ago.
To be considered an injured spouse, you must have made and reported tax payments, such as federal income tax withheld from wages or estimated tax payments, or claimed a refundable tax credit, such as the earned income credit or additional child tax credit on the joint return, and not be legally obligated to pay the past-due amount.If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379, Injured Spouse Allocation. You may file form 8379 along with your original tax return or your may file it by itself after you are notified of an offset.If you are filing Form 8379 by itself, it must show both spouses' Social Security numbers in the same order as they appeared on your income tax return. You, the "injured" spouse, must sign the form.https://www.irs.gov/pub/irs-pdf/f8379.pdf.As you are in California - Special rules apply to HOW income and deduction sand withholding are apportioned between spouses.A spouse's (or your registered domestic partner's) wages, earnings, and net prof-its from a sole proprietorship are community income and must be evenly split.Report the credit for federal income tax withheld on community wages in the same manner as your wages.Questions?
Expert:  Lev replied 7 months ago.
.As you are in California - Special rules apply to HOW income and deduction sand withholding are apportioned between spouses.A spouse's (or your registered domestic partner's) wages, earnings, and net prof-its from a sole proprietorship are community income and must be evenly split.Report the credit for federal income tax withheld on community wages in the same manner as your wages..I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.

Related Tax Questions