Saturday, October 31, 2009

Can the IRS garnish my husband's tax return?

My husband has a few school loans that they have been taking his tax refund the last few years for. This past year we got married so now we%26#039;ll be filing jointly. Can they still take the refund with both being on the refund? Or should we file married seperately so they can%26#039;t take mine?



Can the IRS garnish my husband%26#039;s tax return?

Married filing jointly may give you a better refund. Filing separately has its drawbacks. There is another form you can attach to your return (8379 Injured Spouse) where it prevents the IRS from taking any of the refund that would be yours without loosing any of the MFJ benefits.



Can the IRS garnish my husband%26#039;s tax return?

Even if you file seperately, they may still take yours if your husband still owes the government money. You can be considered a single taxable entity.



Think about it, if your husband bought a lottery ticket and won a million dollars, you%26#039;d be legally entitled to half, right?



It works for debts, too!



Can the IRS garnish my husband%26#039;s tax return?

Yes they can. I would file separately, which will cause you to pay more in taxes.



Can the IRS garnish my husband%26#039;s tax return?

Why does%26#039;t he just pay them off?



You can file an %26quot;injured spouse%26quot; form. That means the debt is not yours and you should not be punished by having your portion of the refund withheld. MFS is the worst filing status and should not be used unless absolutely necessary.



Can the IRS garnish my husband%26#039;s tax return?

File seperately. The IRS isn%26#039;t going to decide what is your and what is his. If you are filing jointly everything is in one big pot and they will take it all.



Can the IRS garnish my husband%26#039;s tax return?

You can file jointly and file an injured spouse form - that way they%26#039;ll still take his share of any refund, but not your share.



Can the IRS garnish my husband%26#039;s tax return?

They can take your husbands portion of your taxes but not yours because you don%26#039;t owe it. You have to file an injured spouse report on yourself so they won%26#039;t take yours. Free estimate at the website below

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