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After filing my taxes jointly with my husband, I was informed

Customer Question
that I had a debt...
After filing my taxes jointly with my husband, I was informed that I had a debt to another agency and our total tax refund was used to offset the debt. How can I exclude my husband from this debt? Can he file to get his 1/2 of the refund back?
Submitted: 4 years ago.Category: Tax
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Answered in 2 minutes by:
6/18/2013
Tax Professional: Megan C, Certified Public Accountant (CPA) replied 4 years ago
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
Verified

MyVirtualCPA :

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.

MyVirtualCPA :

Your husband can apply for relief through form 8379 which is the injured spouse relief form

MyVirtualCPA :

This will allocate the portion of the refund attributed to his payments

MyVirtualCPA :

It may not work out to be exactly half - it's calculated based on what was withheld or made through estimated payments by him.

Customer :

I showed no income this past year.

MyVirtualCPA :

Then, the entire refund could be attributed to him.

MyVirtualCPA :

http://www.irs.gov/uac/Seven-Facts-about-Injured-Spouse-Relief

MyVirtualCPA :

He can fill out form 8379 and file it with the IRS and they will process this

Customer :

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.

MyVirtualCPA :

You only file the form for the tax year that the refund was taken from

Customer :

Will the other years be taken also?

MyVirtualCPA :

I don't know because I don't know how big your debt is

Customer :

Over 50,000.00

MyVirtualCPA :

It's possible that they could

MyVirtualCPA :

In that case he can file that form for each year

Customer :

How do we avoid this In the future?

MyVirtualCPA :

You file form 8379 along with your tax return

MyVirtualCPA :

and the IRS will process that and won't even send your refund to your creditor

MyVirtualCPA :

Is there anything else that I can assist you with today?

MyVirtualCPA :

I have provided a link to the injured spouse information above. Let me know if you have any further questions.

MyVirtualCPA :

Do you have any further questions? If not, please rate my response as "excellent" so that I may receive credit for assisting you today.

Customer :

I'm sorry, I had a customer come in while we were in the middle of the chat. I will ask for you later. Thank you.

MyVirtualCPA :

You're welcome. If you would, please rate my response as "excellent" so that I may receive credit for assisting today

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Tax Professional: Megan C, Certified Public Accountant (CPA) replied 4 years ago
Thanks for allowing me the opportunity to help you. Please let me know if I can be of any further assistance to you in this matter. I really enjoyed working with you – please feel free to request me again when you come back to ask another question. Simply enter "MyVirtualCPA" in the subject of your question Thanks again for being a JustAnswer customer
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Megan C
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
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Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

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