new husband owed taxes from prior year and IRS took all of the next years refund
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.
Estate Planning Attorney
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.
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I am assuming you mean a refund from a return recently filed. Typically, the IRS will withhold the entire refund.
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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.
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