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

Templeton, CA |
Attorney answers 4


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.


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 only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mrs. Cook is licensed to practice law throughout the state of California with offices in San Diego County. She is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


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 law ONLY in LOUISIANA and answers to questions from other jurisdictions or states are meant to provide only general information. Users should contact a local attorney in their jurisdiction or state.


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. Office number: (860) 255-7423 Website: Our reply to your question has not created an attorney-client relationship. It should not be considered legal advice. You should contact an Attorney who can give you legal advice after acquainting themselves with the specifics of your case.

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