Is a new wife entailed to her half of the tax return when husband owes back taxes ?

Asked over 1 year ago - Templeton, CA

new husband owed taxes from prior year and IRS took all of the next years refund

Attorney answers (4)

  1. Bruce Givner

    Contributor Level 18

    2

    Lawyers agree

    Answered . Let's see if we understand your facts. In 2011 Husband filed taxes as a single person. He paid taxes. He overpaid. He is entitled to a refund. He gets the refund in 2012 when he is married. Is new wife entitled to half of the refund? No.

  2. Amanda Marie Cook

    Contributor Level 15

    2

    Lawyers agree

    Answered . You need to speak with a tax attorney to sort out what is going on with your tax returns. You may also want to look up injured spouse information to determine whether you might be entitled to relief.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can... more
  3. Brian Joseph Munson

    Contributor Level 13

    2

    Lawyers agree

    Answered . I am assuming you mean a refund from a return recently filed. Typically, the IRS will withhold the entire refund.

    This answer does not establish an attorney-client relationship, Moreover, this attorney is Licensed to practiced... more
  4. Linda Simmons Campbell

    Pro

    Contributor Level 14

    Answered . It depends. If the new wife did not file a joint return with the husband during any of the years that taxes are owed, she may be entitled to some of the refund. If the new wife made any tax deposits, such as taxes withheld from her wages, or estimated tax payments, she can file Form 8379, Injured Spouse Allocation. In most cases, she would be entitled to her share of the refund. In community property states there are some exceptions.

    lscampbell@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question... more

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