I got married this past year and my spouse never filed a 1099 from ten years ago, Can IRS keep my tax money this year?

Asked almost 4 years ago - Cleveland, OH

My new spouse did not file a return for a 1099 over ten years ago, we have filed jointly this year, and due to the bad economy he was not employed, the income reported is all mine. Is it legal for the IRS to keep my refund to pay his tax debt that I was totally unaware of???

Attorney answers (2)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . If you signed a joint return the IRS can keep the tax money. This is one reason to file as married filing separately.

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  2. Henry Daniel Lively

    Contributor Level 20

    Answered . It is possible if you filed jointly. You may be able to file an injured spouse claim to protect your portion of the refund. You should see a local tax professional to determine if your facts warrant this.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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