Injured Spouse

If the IRS is holding part or all of our refund to pay your spouse’s debts, an injured spouse claim may be a good solution for you. ¬†If you are thinking of filing a joint return with your spouse, but are afraid that the IRS may keep your refund, an injured spouse claim can be filed with your return. ¬†In order to qualify for relief by with an injured spouse claim, all of the following statements must be true:

1. You must have filed or intend to file a joint return;

2.  You must have earned some of the income claimed on the return;

3.  You must have paid part of the tax (with withholdings through your pay check, you made estimated tax payments, or you were eligible for a refundable credit such as the Earned Income Credit or the Child Tax Credit);

4.  Only your spouse must actually owe the money.  This occurs quite often when your spouse had a tax debt before you were wed, or the IRS is attempting to garnish your refund for your spouses college loans, child support payments or federal loans.

If you feel that you meet all of these criteria, it might be possible to file an injured spouse claim.

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