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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 3594
Experience:  18+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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I have a question about if I can file spouse in a comunity

Customer Question

Hi I have a question about if I can file for injured spouse in a comunity state like California for a student loan my wife incurred before we were married
Submitted: 1 year ago.
Category: Tax
Expert:  Barbara replied 1 year ago.

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

In community property states, overpayments are considered joint property and are generally applied (offset) to legally owed past-due obligations of either spouse. However, there are exceptions. The IRS will use each state's rules to determine the amount, if any, that would be refundable to the injured spouse. Under state community property laws, 50% of a joint overpayment (except the earned income credit) is applied to non-federal tax debts such as child or spousal support, student loans, state unemployment compensation debts, or state income tax. However, state laws differ on the amount of a joint overpayment that can be applied to a federal tax debt. The earned income credit is allocated to each spouse based on each spouse's earned income.

https://www.irs.gov/instructions/i8379/ch02.html

https://www.irs.gov/irb/2004-30_IRB/ar11.html

Please let me know if you require further information or clarification.

Thank you and best regards,

Barb

Expert:  Barbara replied 1 year ago.

Just following up with you to see if you have any other questions. If so, please come back to me here, and I will be happy to assist you further.

Best regards,

Barb