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I am trying to file joint tax return, but my husband does

Customer Question
not work and he owes...
I am trying to file joint tax return, but my husband does not work and he owes child support. Per turbo tax, I will get $20k refund, if I file injured spouse form, do I get my refund?
JA: The Accountant will know how to help. Is there anything else important you think the Accountant should know?
Customer: no
Submitted: 8 months ago.Category: Tax
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Answered in 1 minute by:
3/26/2017
Tax Professional: Charles Markham, EA, MST, USTCP replied 8 months ago
Charles Markham
Charles Markham, EA, MST, USTCP
Category: Tax
Satisfied Customers: 769
Experience: IRS Enrolled Agent, US Tax Court Practitioner
Verified

If your husband had NO withholding, and you paid all of the estimated taxes and all of the withholding is yours, then if you include Form 8379, you should get the refund.

You should claim ALL of the dependency exemptions (except your husbands) all itemized deductions on Form 8379.

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Customer reply replied 8 months ago
I've heard they may take money in community state, I live in California. Are you sure it does not happen? If that is the case, I only file for myself.
Tax Professional: Charles Markham, EA, MST, USTCP replied 8 months ago

You didn't mention you were in a community property state.

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Customer reply replied 8 months ago
is it different then?
Tax Professional: Charles Markham, EA, MST, USTCP replied 8 months ago

Yes it absolutely could be, and I am not what the impact of filing separately does for you. I am going to opt out and let another professional that is more familiar with community property rules answer your question.

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Tax Professional: Megan C, Certified Public Accountant (CPA) replied 8 months 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

Thanks for your question. If you are in a community property state, even if the IRS directs the funds to you as per the injured spouse deduction it's still possible for the funds you receive to be considered community property. If having these funds be community property would be detrimental to you, then you would need to file a separate return to keep any refund as separate property.

I wish I had better news. Please let me know if you need anything additional. If not, please rate positive.

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Tax Professional: Megan C, Certified Public Accountant (CPA) replied 8 months ago

Sorry, I forgot to activate this for rating. Please read my prior response, then rate.

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Megan C
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
16,581 Satisfied Customers
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

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