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Can the state take my tax refund for a non-insurance penalty

Customer Question
on a car that is...
Can the state take my tax refund for a non-insurance penalty on a car that is soley in my husband's name? I was on the insurance before it lapsed. Or can I file an injured spouse form. If I do file the form, How do they determine how much my portion is? Do they spit it down the middle or base it on income (he earns much more).
Submitted: 6 years ago.Category: Tax
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3/1/2011
Tax Professional: CGCPA, CPA replied 6 years ago
CGCPA
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Welcome to Just Answer. I am here to help you resolve your tax and finance concerns. Please feel free to ask anytime you need extra help.

 

Government agencies can seize tax refunds to pay obligations to them. I assume you filed a joint return, otherwise the obligation will not be connected to you. You can file for innocent spouse relief. If you do this and it is granted (key word is if) the state will recalculate your return apportioning the tax due from you and due from your spouse on a percentage basis. The portion applicable to you, when subtracted from you tax payments into the system and tax credits allowable for you, will be your refund.

 

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Customer reply replied 6 years ago
How likely is the state to grant the innocent spouse relief? Is it something that is a pretty regular occurrence?

And yes, we did file separately. The money he owes was to pay for the mandatory state insurance since the car he owned had none at the time of an accident.
Tax Professional: CGCPA, CPA replied 6 years ago
If you filed separately and the vehicle was solely in your spouse's name they will not attach your refund. If, for some reason, they do the innocent spouse relief is a 60-40 likelihood in your favor.
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Customer reply replied 6 years ago
Oops, I meant we filed jointly. I'm sorry. does that change anything?
Tax Professional: CGCPA, CPA replied 6 years ago
Yes, it does. The refund applicable to you, when filing a joint return, can be seized for the obligations of either of you to a government agency. If that happens you will need to consider filing for innocent spouse relief. Your option is, of course, to do nothing and let his debt be reduced.
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